Crawford v. Warren, 2:18-CV-13159. (2019)
Court: District Court, E.D. Michigan
Number: infdco20190412988
Visitors: 11
Filed: Apr. 11, 2019
Latest Update: Apr. 11, 2019
Summary: ORDER GRANTING PETITIONER'S MOTION TO SUPPLEMENT HIS PETITION AND SETTING NEW DEADLINES GEORGE CARAM STEEH , District Judge . Michigan prisoner Darrin Crawford ("petitioner") has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. This matter is before the Court on the petitioner's motion to supplement his petition to add six new habeas claims. The respondent has not yet filed an answer to the original petition or the state court record. Those materials are cu
Summary: ORDER GRANTING PETITIONER'S MOTION TO SUPPLEMENT HIS PETITION AND SETTING NEW DEADLINES GEORGE CARAM STEEH , District Judge . Michigan prisoner Darrin Crawford ("petitioner") has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. This matter is before the Court on the petitioner's motion to supplement his petition to add six new habeas claims. The respondent has not yet filed an answer to the original petition or the state court record. Those materials are cur..
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ORDER GRANTING PETITIONER'S MOTION TO SUPPLEMENT HIS PETITION AND SETTING NEW DEADLINES
GEORGE CARAM STEEH, District Judge.
Michigan prisoner Darrin Crawford ("petitioner") has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. This matter is before the Court on the petitioner's motion to supplement his petition to add six new habeas claims. The respondent has not yet filed an answer to the original petition or the state court record. Those materials are currently due on April 16, 2019. Under the Federal Rules of Civil Procedure, a party may amend a pleading to which a response is required within 21 days after service of the responsive pleading. Fed. R. Civ. P. 15(a)(1).1 Since a responsive pleading has not yet been filed in this case, the petitioner has the right to amend his petition without seeking the Court's permission. Accordingly, the Court GRANTS the petitioner's motion to supplement/amend his petition. The petitioner shall file a supplemental brief in support of his habeas claims, if desired, by May 24, 2019. The respondent shall file an answer to the habeas petition, as amended, by July 24, 2019.2 The petitioner shall then have until September 6, 2019 to file a reply to that answer, if desired.
IT IS SO ORDERED.
FootNotes
1. Rule 15(a) applies to habeas cases as it applies to other civil cases. See 28 U.S.C. § 2242 (habeas petitions "may be amended or supplemented as provided in the rules of procedure applicable to civil actions").
2. This order does not preclude the respondent from filing a dispositive motion, if applicable, as to the amended petition.
Source: Leagle
