Abela v. Heyns

Filing 6

ORDER Granting 5 Motion to Amend Petition for Writ of Habeas Corpus. Signed by District Judge Thomas L. Ludington. (TMcg)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
LAWRENCE ABELA, #821969,
Petitioner,

Case No. 15-cv-12633

v.

Honorable Thomas L. Ludington

DANIEL HEYNS,
Respondent.
__________________________________________/
ORDER GRANTING MOTION TO AMEND PETITION
FOR WRIT OF HABEAS CORPUS
Petitioner Lawrence Abela filed a pro se petition for writ of habeas corpus pursuant to
28 U.S.C. § 2254. One month later, he moved to amend the petition. See Pet’r’s Mot. Amend,
ECF No. 5. Respondent did not file a response to Petitioner’s motion.
Petitioner requests to amend his petition to add exhibits and arguments to the claims he
raised in his initial filing. Respondent has not yet filed a response to the petition. Federal Rule of
Civil Procedure 15 provides that the Court should freely allow a party to amend when justice so
requires. Fed. R. Civ. P. 15(a)(2). Respondent will not be prejudiced by allowing Petitioner to
amend his petition to include the additional arguments and exhibits set forth in his motion to
amend.
Accordingly, it is ORDERED that Petitioner’s motion to amend, ECF No. 5, is
GRANTED. The amendments identified in Petitioner’s motion are incorporated into his petition.

Dated: October 29, 2015

s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge

PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means or first
class U.S. mail on October 29, 2015.
s/Johnetta Curry Williams
JOHNETTA CURRY WILLIAMS
Acting Case Manager

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