Opinion
Case No. 05C1027.
March 28, 2006
ORDER
On September 26, 2005, Pedro Figueroa filed a petition pursuant to 28 U.S.C. § 2254, asserting that his state court conviction and sentence were imposed in violation of the Constitution. Subsequently, respondent filed an answer and this court established a briefing schedule. On January 31, 2006, petitioner filed what appeared to be his supporting brief in this court. At the same time, petitioner filed a motion for leave to file a second or successive habeas petition in the Seventh Circuit Court of Appeals. Subsequently, petitioner clarified that his motion for leave to file a second or successive habeas petition should be construed as a motion to amend his habeas petition.
I will allow petitioner to file an amended habeas petition within forty-five days of the date of this order. After petitioner files the amended petition, I will review it pursuant to Rule 4 of the Rules Governing § 2254 Cases to determine whether the state must respond to it and establish a new briefing schedule For the reasons stated,
IT IS ORDERED that petitioner may file an amended habeas petition within forty-five days of the date of this order. IT IS FURTHER ORDERED that petitioner's motion for clarification to briefing schedule and respondent's motion for clarification are DENIED AS MOOT.