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Godfrey v. Warden PBSP

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Mar 18, 2020
Case No. 1:19-cv-01197-NONE-JDP (E.D. Cal. Mar. 18, 2020)

Opinion

Case No. 1:19-cv-01197-NONE-JDP

03-18-2020

JOSHUA MICHAEL GODFREY, Petitioner, v. WARDEN PBSP, Respondent.


ORDER GRANTING PETITIONER'S MOTION TO AMEND PETITION ECF No. 17 THIRTY-DAY DEADLINE ORDER STAYING DEADLINES IN SCHEDULING ORDER ECF No. 12

Petitioner Joshua Michael Godfrey, a state prisoner without counsel, petitioned for a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. Before the court is petitioner's motion to amend his petition. ECF No. 17. "A habeas petition 'may be amended or supplemented as provided in the rules of procedure applicable to civil actions.'" Alfaro v. Johnson, 862 F.3d 1176, 1183 (9th Cir. 2017) (quoting 28 U.S.C. § 2242). Because this is petitioner's first motion to amend and we grant leave to amend once as a matter of course, we grant petitioner's motion. See Fed. R. Civ. P. 15(a)(1). Petitioner will have thirty days to file a first amended petition. All deadlines from our January 29, 2020 scheduling order are stayed until the court has had an opportunity to review petitioner's first amended complaint. ECF No. 12.

The amended petition will supersede the original petition, Lacey v. Maricopa County, 693 F. 3d 896, 907 n.1 (9th Cir. 2012) (en banc); the amended petition must be complete on its face without reference to the prior, superseded petition, see E.D. Cal. Local Rule 220. Petitioner may not change the nature of his petition by adding new, unrelated claims. See George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007). Once an amended petition is filed, the original petition no longer serves any function. Therefore, in an amended petition, as in an original petition, petitioner must assert each claim in sufficient detail. The amended petition should be titled "First Amended Petition" and refer to the appropriate case number.

Accordingly, it is hereby ordered that:

1. the deadlines in the court's scheduling order, ECF No. 12, are stayed;

2. petitioner's motion to amend the petition, ECF No. 17, is granted;

3. petitioner shall have thirty days to file a first amended petition; and

4. the clerk is directed to send petitioner a blank habeas corpus petition form. IT IS SO ORDERED. Dated: March 18, 2020

/s/_________

UNITED STATES MAGISTRATE JUDGE No. 206.


Summaries of

Godfrey v. Warden PBSP

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Mar 18, 2020
Case No. 1:19-cv-01197-NONE-JDP (E.D. Cal. Mar. 18, 2020)
Case details for

Godfrey v. Warden PBSP

Case Details

Full title:JOSHUA MICHAEL GODFREY, Petitioner, v. WARDEN PBSP, Respondent.

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Date published: Mar 18, 2020

Citations

Case No. 1:19-cv-01197-NONE-JDP (E.D. Cal. Mar. 18, 2020)