Opinion
No. CIV S-06-2763 WBS KJM P.
May 2, 2008
ORDER
Petitioner, a federal prisoner proceeding pro se and in forma pauperis, has filed an amended application for writ of habeas corpus. Once an answer has been filed, a party may amend a pleading only by leave of court or by written consent of the adverse party. See Fed.R.Civ.P. 15(a). An answer was filed on May 3, 2007. Petitioner has filed neither a motion to amend nor a stipulation to amend the habeas petition signed by all parties. Petitioner's amended habeas petition will therefore be stricken, and this action will proceed on the petition filed December 8, 2006.
Accordingly, IT IS HEREBY ORDERED that petitioner's April 24, 2008 amended petition for writ of habeas corpus is stricken.