Opinion
Case No. 11-14358
03-07-2012
CLYDE JORDAN, Petitioner, v. LLOYD RAPELJE, Respondent.
ORDER GRANTING MOTION TO AMEND HABEAS PETITION
Petitioner Clyde Jordan, a Michigan prisoner, has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. This matter is before the court on Petitioner's motion to amend his habeas petition "to preemptively address some of the procedural issues and defenses that [R]espondent might assert." (Mot. Amend 3.) Respondent has not yet filed an answer to the petition or the state court record.
Under the Federal Rules of Civil Procedure, a party may amend a pleading to which a response is required "once as a matter of course" within 21 days after service of a responsive pleading. Fed. R. Civ. P. 15(a)(1). Since a responsive pleading has not yet been filed in this case, Petitioner has the right to amend his habeas petition without seeking the court's permission. See Mayle v. Felix, 545 U.S. 644, 655 (2005) ("Before a responsive pleading is served, pleadings may be amended once as a 'matter of course,' i.e., without seeking court leave." (quoting Fed. R. Civ. P. 15(a))). Accordingly,
Rule 15(a) applies to habeas cases as it applies to other civil cases. See 28 U.S.C. § 2242 ("Application for a writ of habeas corpus . . . 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 his habeas petition [Dkt. # 5] is GRANTED. Petitioner's amended petition [Dkt. # 6] will be considered by the court. Respondent shall file an answer to the amended petition by April 16, 2012, in accordance with the October 17, 2011 order requiring a response [Dkt. # 4].
______________________
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, March 7, 2012, by electronic and/or ordinary mail.
Lisa Wagner
Case Manager and Deputy Clerk
(313) 234-5522