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Smith v. Driver

United States District Court, N.D. West Virginia
Nov 15, 2007
Civil Action No. 2:07cv20 (N.D.W. Va. Nov. 15, 2007)

Opinion

Civil Action No. 2:07cv20.

November 15, 2007


ORDER GRANTING MOTION TO AMEND


Pursuant to Rule 15(a) and (d) of the Federal Rules of Civil Procedure, the petitioner's motion to amend and supplement his habeas petition (dckt. 10) is GRANTED. The petitioner shall have twenty (20) days to file an amended petition. The respondent shall have thirty (30) days thereafter to file any supplemental response he may have.

At the time the motion was filed, no responsive pleading had yet been filed by the respondent. Therefore, the petitioner was entitled to amend his petition as a matter of course. See Fed.R.Civ.P. 15(a).

IT IS SO ORDERED.

The Clerk is directed to send a copy of this Order to the pro se petitioner and counsel of record, as applicable.


Summaries of

Smith v. Driver

United States District Court, N.D. West Virginia
Nov 15, 2007
Civil Action No. 2:07cv20 (N.D.W. Va. Nov. 15, 2007)
Case details for

Smith v. Driver

Case Details

Full title:BERNARD E. SMITH, Petitioner, v. JOE DRIVER, Warden, Respondent

Court:United States District Court, N.D. West Virginia

Date published: Nov 15, 2007

Citations

Civil Action No. 2:07cv20 (N.D.W. Va. Nov. 15, 2007)