Stepney v. Semple

Filing 26

PRISCS-ORDER granting 18 Motion to Amend/Correct 1 Petition for Writ of Habeas Corpus. Signed by Judge Stefan R. Underhill on 3/5/2013. (Payton, R.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT

QUENTIN VAN STEPNEY
v.

CASE NO.

PRISONER
3:11CV1782(SRU)

WARDEN SEMPLE, ET AL.
RULING ON MOTION FOR LEAVE TO FILE AMENDED PETITION
Quentin Van Stepney brings this action pro se for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254.

He challenges his 2003

convictions for sexual assault and risk of injury to a minor.
Pending before the court is the Van Stepney’s motion for leave to
file an amended petition.
A petition for writ of habeas corpus filed pursuant to 28
U.S.C. 2254 “may be amended or supplemented as provided in the rules
of procedure applicable to civil actions.”

28 U.S.C. § 2242.

Rule

12 of the Rules Governing Section 2254 Cases in the United States
District Courts provides that “[t]he Federal Rules of Civil
Procedure, to the extent that they are not inconsistent with any
statutory provisions or these rules, may be applied to a proceeding
under these rules.”
provides that a party

Federal Rules of Civil Procedure 15(a)(1)(A)
may amend his pleading once as of right

“within 21 days after serving” the pleading.

Courts have

consistently applied Rule 15, Fed. R. Civ. P. to habeas petitions.
See Mayle v. Felix, 545 U.S. 644, 654-55 (2005); Fama v. Comm’r of

Corr’l Servs., 235 F.3d 804 (2d Cir. 2000); Charriez v. Greiner, 265
F.R.D. 70, 79 (E.D.N.Y. 2010).
On March 12, 2012, the court issued an order to show cause
directing the Clerk to serve the petition for writ of habeas corpus
and show cause order on respondents’ representative Jo Anne Sulik,
Supervisory Assistant State’s Attorney.

On August 24, 2012,

Attorney Sulik filed a motion to dismiss the petition.

Van

Stepney’s motion to amend is dated September 17, 2012 and was filestamped by the Clerk on September 25, 2012.

Because Van Stepney’s

motion seeking to file an amended petition was filed more than
twenty-one days after service of the petition, he may not amend as
of right.

After the time to amend as of right has passed, “[t]he

court should freely” grant leave to amend “when justice so
requires.” Fed. R. Civ. P. 15(a)(2).
Van Stepney contends that he should be permitted to file an
amended petition to “clarify the legal issues.”

Mot. Amend at 1.

The proposed amended petition changes the first ground of the
petition from a state law evidentiary claim to a federal Sixth
Amendment Right to Confrontation Claim.

It is unclear whether the

Van Stepney is revising the second ground for relief which is an
ineffective assistance of trial counsel claim.

The court concludes

that interests of justice require allowance of an amended petition.
Because it is unclear from the proposed amended petition how Van
Stepney seeks to clarify and/or revise his claims, the court directs
Van Stepney to file a Second Amended Petition for Writ of Habeas
Corpus on a court form.
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Conclusion
The Motion for Leave to File an Amended Petition [Doc. No.
18] is GRANTED.

The Clerk is directed to send Van Stepney an

Amended Section 2254 Petition form with a copy of this ruling.

Van

Stepney shall use the enclosed habeas form to file a Second Amended
For each ground for relief, Van Stepney must clearly

Petition.

state that facts supporting each ground.

See Rule 2(c), Rules

Governing Section 2254 Cases in the United States District Courts
(“The petition must: (1) specify all the grounds for relief
available to the petitioner; (2) state the facts supporting each
ground; (3) state the relief requested. . . .”)

Referring the court

to a state court appellate brief is insufficient to satisfy this
requirement.
The Second Amended Petition must be filed within twenty days
of the date of this order.

If Van Stepney fails to file a Second

Amended Petition within the time specified, the case will proceed
only on the grounds in the original petition for writ of habeas
corpus.

(See Doc. No. 1.)

SO ORDERED this 5th day of March 2013, at Bridgeport,
Connecticut.
/s/ Stefan R. Underhill
Stefan R. Underhill
United States District Judge

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