Filed: May 28, 2019
Latest Update: May 28, 2019
Summary: ORDER GRANTING PETITIONER'S MOTION TO USE FIRST HABEAS PETITION AS MEMORANDUM OF AUTHORITY MICHELLE L. PETERSON , Magistrate Judge . This is a federal habeas action proceeding under 28 U.S.C. 2254. On July 9, 2018, Petitioner submitted to the Court for filing materials indicating his intent pursue federal habeas relief under 2254. ( See Dkt. ## 1, 5.) However, Petitioner did not submit an actual petition but instead submitted what he identified as a brief in support of a petition for w
Summary: ORDER GRANTING PETITIONER'S MOTION TO USE FIRST HABEAS PETITION AS MEMORANDUM OF AUTHORITY MICHELLE L. PETERSON , Magistrate Judge . This is a federal habeas action proceeding under 28 U.S.C. 2254. On July 9, 2018, Petitioner submitted to the Court for filing materials indicating his intent pursue federal habeas relief under 2254. ( See Dkt. ## 1, 5.) However, Petitioner did not submit an actual petition but instead submitted what he identified as a brief in support of a petition for wr..
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ORDER GRANTING PETITIONER'S MOTION TO USE FIRST HABEAS PETITION AS MEMORANDUM OF AUTHORITY
MICHELLE L. PETERSON, Magistrate Judge.
This is a federal habeas action proceeding under 28 U.S.C. § 2254. On July 9, 2018, Petitioner submitted to the Court for filing materials indicating his intent pursue federal habeas relief under § 2254. (See Dkt. ## 1, 5.) However, Petitioner did not submit an actual petition but instead submitted what he identified as a brief in support of a petition for writ of habeas corpus brought under § 2254 and a series of exhibits. (See id.) Petitioner subsequently submitted an amended petition on the Court's standard form. (Dkt. # 10.) Petitioner included with his amended petition a number of exhibits, though not as many as he had included in his original submission. (Dkt. # 10-1.) Petitioner did not re-submit his brief in support of his petition.
Petitioner's amended petition was served on Respondent (dkt. # 12), and Respondent filed an answer to the amended petition in December 2018 (dkt. # 16). The Court is now awaiting Petitioner's response to Respondent's answer to his amended petition. Petitioner has been granted two rather lengthy extensions of time to accomplish this task. Most recently, on April 1, 2019, this Court issued an Order denying Petitioner's request for appointment of counsel to assist him in filing a response but granting him an extension of time until June 10, 2019 to file his brief. (Dkt. # 31.)
Petitioner has now submitted a motion in which he appears to ask that the Court consider his original habeas materials as his response to Respondent's answer. (Dkt. # 34.) Respondent has not opposed this motion, and the motion is now ripe for review. As it does not appear it would prejudice Respondent in any way if the Court were to construe Petitioner's original brief in support of his petition, and the included exhibits, as Petitioner's response to Respondent's answer, the Court will grant Petitioner's request.
Accordingly, the Court hereby ORDERS as follows:
(1) Petitioner's motion to use his first habeas petition as his memorandum of authority (dkt. # 34) is GRANTED. The Court will construe the materials posted on the docket as Petitioner's original petition (dkt. ## 5, 5-1) as Petitioner's response to Respondent's answer and will consider those materials in determining the appropriate disposition of Petitioner's amended petition.
(2) The Clerk shall direct copies of this Order to Petitioner, to counsel for Respondent, and to the Honorable Robert S. Lasnik.
