Valentine v. Copenhaver

Filing 9

ORDER GRANTING Petitioner's Motion to Supplement Petition 8 , signed by Magistrate Judge Jennifer L. Thurston on 5/3/13: The original petition is deemed supplemented by the information and arguments contained in the instant motion. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ERIC VALENTINE,
Petitioner,
v.
WARDEN COPENHAVER,

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Respondent.

Case No.: 1:13-cv-00394-JLT
ORDER GRANTING PETITIONER’S MOTION
TO SUPPLEMENT PETITION
(Doc. 8)

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Petitioner is a federal prisoner proceeding in propria persona with a petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2241.
PROCEDURAL HISTORY

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The instant petition was filed on March 18, 2013. (Doc. 1). On March 26, 2013, the Court

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ordered Respondent to file a response to the petition within sixty days. (Doc. 5). On April 24, 2013,

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Petitioner filed the instant motion for leave to supplement his petition with what is alleged to be an

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excerpt of a transcript of the hearing at which restitution was ordered in Petitioner’s case. (Doc. 8).

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Petitioner also makes a brief legal argument based on the information contained in the purported

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transcript.

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DISCUSSION
A petitioner may amend a petition for writ of habeas corpus once “as a matter of course,” and

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without leave of Court, before a response has been filed under Federal Rule of Civil Procedure 15(a),

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as applied to habeas corpus actions pursuant to 28 U.S.C. § 2242 and Rule 11 of the Rules Governing

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Section 2254 Cases. Calderon v. United States District Court (Thomas), 144 F.3d 618, 620 (9th Cir.

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1998); Bonn v. Calderon, 59 F.3d 815, 845 (9th Cir. 1995). Leave of Court is required for all other

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amendments. Rule Civ. P. 15(a). Here, Respondent has not filed a response. Thus, leave of Court is

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not required for any amendment to the petition.
The Court construes Petitioner’s motion, however, as a motion to supplement the original

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petition, rather than as a motion for leave to file a new amended petition.
ORDER

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GOOD CAUSE having been show, the Court HEREBY ORDERS that Petitioner’s motion to

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supplement the petition (Doc. 8), is GRANTED. The original petition is deemed supplemented by the

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information and arguments contained in the instant motion.

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IT IS SO ORDERED.

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Dated:

May 3, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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