Harris v. Uribe

Filing 12

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/3/2012 ORDERING that the deadline for filing a response to the petition for writ of habeas corpus is VACATED. Petitioner's 9 motion for leave to file an amended petition is GRANTED. Petitioner shall file an amended petition within 90 days of the date this order is issued. (Zignago, K.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WAYDE HOLLIS HARRIS,
Petitioner,

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No. 2:12-cv-1502 EFB P

vs.
DOMINGO URIBE, JR.,
Respondent.

ORDER
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Petitioner is a state prisoner with counsel seeking a writ of habeas corpus pursuant to 28

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U.S.C. § 2254. On August 7, 2012, the undersigned directed respondent to file a response to the

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petition within 60 days. Dckt. No. 5. On September 14, 2012, petitioner filed a motion to

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amend his petition and requested the court grant him 90 days to submit an amended petition.

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Dckt. No. 9. On January 21, 2012, Charles M. Bonneau filed a Notice of Appearance as counsel

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for petitioner. Dckt. No. 11.

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An application for a writ of habeas corpus “may be amended or supplemented as

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provided in the rules of procedure applicable to civil actions.” 28 U.S.C. § 2242. Rule 15(a)(1)

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of the Federal Rules of Civil Procedure provides that “[a] party may amend its pleading once as a

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matter of course within: (A) 21 days after serving it, or (B) if the pleading is one to which a

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responsive pleading is required, 21 days after service of a responsive pleading or 21 days after
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service of a motion under Rule 12(b), (e), or (f), whichever is earlier.”
Here, respondent was ordered to file a response to the petition by October 9, 2012. See

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Fed. R. Civ. P. 6(a). Petitioner may therefore file an amended petition as a matter of course.

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However, given that petitioner’s recently obtained counsel is unlikely to be able to conduct a

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review of petitioner’s case and draft an amended petition within 21 days after the date the

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response is due, the court will vacate the current filing date for respondent’s response to the

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petition and provide petitioner the requested 90 days to file an amended petition.

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Accordingly, it is hereby ORDERED that:

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1. The deadline for filing a response to the petition for writ of habeas corpus is vacated;

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2. Petitioner’s motion for leave to file an amended petition, Dckt. No. 9, is granted; and

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3. Petitioner shall file an amended petition within 90 days of the date this order is issued.

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DATED: October 3, 2012.

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