Opinion
CASE NO. 08-CV-13418.
September 9, 2008
ORDER GRANTING PETITIONER'S REQUEST TO AMEND PETITION
This matter is before the Court on Petitioner's request to amend his habeas petition to cite an additional case in support of his claims. Respondent has not yet filed an answer to the petition. Under the Federal Rules of Civil Procedure, a party may amend his or her pleading once as a matter of course at any time before a responsive pleading is served. See FED. R. Civ. P. 15(a). Since a responsive pleading has not yet been filed in this case, Petitioner has the right to amend his habeas petition without seeking permission from this Court. Accordingly, Petitioner's request to amend his habeas petition is GRANTED. The supplemental information submitted with Petitioner's request shall be considered as part of his petition.
Rule 15(a) applies to habeas corpus actions as it applies to other civil cases. See 28 U.S.C. § 2242 (providing that habeas petitions "may be amended or supplemented as provided in the rules of procedure applicable to civil actions").