Opinion
Case No. C13-2075RSL
12-10-2013
DOUGLAS MICHAEL COX, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER GRANTING MOTION
TO SUPPLEMENT
This matter comes before the Court on Petitioner's "Motion for Leave to File Supplemental Pleading (Fed. R. Civ. P. 15(d))." Dkt. # 7. Petitioner seeks leave of court to supplement his petition to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. Id. Having considered Petitioner's motion and the remainder of the record, the Court finds as follows:
Rule 15 of the Federal Rules of Civil Procedure ("Rule 15"), which governs amendments to pleadings in civil cases, applies to habeas proceedings. Mayle v. Felix, 545 U.S. 644, 654-55 (2005); see also Fed. R. Civ. P. 81(a)(4)(A). Pursuant to Rule 15, a party may amend his pleading once as a matter of course (without leave of court) within 21 days of serving it. Fed. R. Civ. P. 15(a). Because Petitioner filed his request to supplement within the time provided by Rule 15 and the government has not yet responded, the Court GRANTS Petitioner's motion (Dkt. # 7).
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Robert S. Lasnik
United States District Judge