Settle v. Parris, 1:18-cv-1010-STA-jay. (2019)
Court: District Court, W.D. Tennessee
Number: infdco20190926c81
Visitors: 19
Filed: Sep. 25, 2019
Latest Update: Sep. 25, 2019
Summary: ORDER DIRECTING CLERK TO MODIFY RESPONDENT AND SEND FORM, DENYING MOTION FOR STAY AS MOOT, AND GRANTING MOTION TO AMEND PETITION S. THOMAS ANDERSON , Chief District Judge . Petitioner Mike Settle has filed a pro se habeas corpus petition (the "Petition"), pursuant to 28 U.S.C. 2241. (ECF No. 2.) Before the Court is Petitioner's motion to stay (ECF No. 16) and motion to amend the Petition (ECF No. 18). In his motion to stay, he asks that the Court stay proceedings in this case pending th
Summary: ORDER DIRECTING CLERK TO MODIFY RESPONDENT AND SEND FORM, DENYING MOTION FOR STAY AS MOOT, AND GRANTING MOTION TO AMEND PETITION S. THOMAS ANDERSON , Chief District Judge . Petitioner Mike Settle has filed a pro se habeas corpus petition (the "Petition"), pursuant to 28 U.S.C. 2241. (ECF No. 2.) Before the Court is Petitioner's motion to stay (ECF No. 16) and motion to amend the Petition (ECF No. 18). In his motion to stay, he asks that the Court stay proceedings in this case pending the..
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ORDER DIRECTING CLERK TO MODIFY RESPONDENT AND SEND FORM, DENYING MOTION FOR STAY AS MOOT, AND GRANTING MOTION TO AMEND PETITION
S. THOMAS ANDERSON, Chief District Judge.
Petitioner Mike Settle has filed a pro se habeas corpus petition (the "Petition"), pursuant to 28 U.S.C. § 2241. (ECF No. 2.) Before the Court is Petitioner's motion to stay (ECF No. 16) and motion to amend the Petition (ECF No. 18). In his motion to stay, he asks that the Court stay proceedings in this case pending the resolution of his state court claim that the prosecution withheld evidence in violation of Brady v. Maryland, 373 U.S. 83 (1963). In his motion to amend, he represents that he has now exhausted his Brady claim, and therefore wishes to amend the Petition to add the claim. In light of the allegation that the claim has been exhausted, the motion to stay is DENIED as moot. Because Respondent Mike Parris1 has not yet responded to the Petition, the motion to amend is GRANTED. Petitioner shall file an amended petition on the Court's form within twenty-eight days of entry of this order. He is advised that he should present in the amended petition all claims that he wishes to assert, and that the amended petition will supersede the Petition. The Clerk is DIRECTED to send Petitioner the Court's official § 2241 form.
IT IS SO ORDERED.
FootNotes
1. The Clerk is DIRECTED to substitute Mike Parris for Shawn Phillips as Respondent. See Fed. R. Civ. P. 25(d).
Source: Leagle
