Opinion
Case No. 07-CV-15392.
July 18, 2008
ORDER GRANTING PETITIONER'S MOTION TO AMEND
This matter is before the court on Petitioner's motion to supplement his habeas petition to add the correct standard of review as to existing issues in his petition. Petitioner's motion is dated June 16, 2008 and an attached affidavit is dated June 21, 2008, although those documents were not filed by the court until June 25, 2008. Respondent filed an answer to the habeas petition on June 24, 2008.
Under the Federal Rules of Civil Procedure, a party may amend his or her pleadings once as a matter of course at any time before a responsive pleading is served. See Fed.R.Civ.P. 15(a). Because Petitioner appears to have submitted his documents to prison officials before a responsive pleading was filed in this case, see Houston v. Lack, 487 U.S. 266, 270-76 (1988) (prisoners documents are deemed filed in federal court when submitted to prison officials for mailing under the "prison mailbox rule"), he has the right to amend the petition without seeking permission from the court. Accordingly,
Rule 15(a) applies to habeas corpus. See 28 U.S.C. § 2242 (habeas petitions "may be amended or supplemented as provided in the rules of procedure applicable to civil actions").
IT IS ORDERED that Petitioner's motion to amend is GRANTED. The information submitted with Petitioner's motion has been filed and shall be considered as part of the petition. If desired, Respondent may file an answer to the supplemental information within 30 days of the filing date of this order. Petitioner shall then have 45 days to file any reply to Respondent's answer(s).