Mitchell v. Adams

Filing 7

ORDER GRANTING 5 Petitioner's Motion to Amend the Petition signed by Magistrate Judge Michael J. Seng on 8/11/2010. (Jessen, A)

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U . S . D is t r ic t C o u r t E. D . C a lifo r n ia

UNITED STATES DISTRICT COURT

JOHN EDWARD MITCHELL, Petitioner, v. DERRAL ADAMS, Warden, Respondent.

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1:10-cv-01342 MJS HC ORDER GRANTING PETITIONER'S MOTION TO AMEND PETITION [Doc. 5]

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On July 26, 2010, Petitioner filed a petition for writ of habeas corpus. (Pet., ECF No. 1.) On August 9, 2010, Petitioner filed the instant motion to amend the petition along with a first amended petition. (Mot. & First Am. Pet., ECF Nos. 5-6.) Petitioner seeks to include further supporting documentation and evidence with his petition. Rule 15(a) of the Federal Rules of Civil Procedure provides, in relevant part: (1) Amending as a Matter of Course. A party may amend its pleading once as a matter of course: (A) 21 days after serving it, or (B) if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier.

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U . S . D is t r ic t C o u r t E. D . C a lifo r n ia

Petitioner may amend as a matter of course up to 21 days after a responsive pleading or motion is filed. Respondent has yet to file a response. Accordingly, Petitioner's motion to file an amended petition is GRANTED.

IT IS SO ORDERED. Dated: 92b0h August 11, 2010 /s/ UNITED STATES MAGISTRATE JUDGE

Michael J. Seng

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