McCullough v. U.S., 5:13-CR-199-BO-1 (2018)
Court: District Court, E.D. North Carolina
Number: infdco20181003g09
Visitors: 14
Filed: Oct. 02, 2018
Latest Update: Oct. 02, 2018
Summary: ORDER TERRENCE W. BOYLE , District Judge . This cause comes before the Court on petitioner's motion to amend his motion to vacate, set aside, or correct his sentence under 28 U.S.C. 2255. [DE 287]. The law is well settled that leave to amend a pleading should be denied only when the amendment would be prejudicial to the opposing party, there has been bad faith on the part of the moving party, or the amendment would be futile." Edwards v. City of Goldsboro, 178 F.3d 231 , 242 (4th Cir
Summary: ORDER TERRENCE W. BOYLE , District Judge . This cause comes before the Court on petitioner's motion to amend his motion to vacate, set aside, or correct his sentence under 28 U.S.C. 2255. [DE 287]. The law is well settled that leave to amend a pleading should be denied only when the amendment would be prejudicial to the opposing party, there has been bad faith on the part of the moving party, or the amendment would be futile." Edwards v. City of Goldsboro, 178 F.3d 231 , 242 (4th Cir...
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ORDER
TERRENCE W. BOYLE, District Judge.
This cause comes before the Court on petitioner's motion to amend his motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. [DE 287]. The law is well settled that leave to amend a pleading should be denied only when the amendment would be prejudicial to the opposing party, there has been bad faith on the part of the moving party, or the amendment would be futile." Edwards v. City of Goldsboro, 178 F.3d 231, 242 (4th Cir. 1999) (emphasis in original, internal quotation marks and citation omitted).
For good cause shown, petitioner's motion to amend his Section 2255 motion is GRANTED. Respondent is directed to respond to petitioner's amended Section 2255 motion [DE 287] within thirty days.
SO ORDERED.
Source: Leagle