Carico v. Jeffrey

Filing 22

ORDER granting 17 Motion to Amend/Correct; granting 20 Motion To Amend Petition & for Immediate Consideration;. Signed by District Judge Patrick J Duggan. (MOre)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ROBERT P. CARICO, Petitioner, v. JEFFREY WOODS, Respondent. __________________________________/ ORDER GRANTING PETITIONER'S (1) MOTION FOR LEAVE TO AMEND PETITION FOR THE WRIT OF HABEAS CORPUS AND (2) MOTION FOR IMMEDIATE CONSIDERATION OF HIS MOTION TO AMEND On October 28, 2008, Petitioner filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner is challenging his convictions in 2005, following a jury trial in the Circuit Court for Jackson County, Michigan, for being a felon in possession of a firearm, two counts of felonious assault, and three counts of felony firearm. Pending before the Court are (1) Petitioner's motion for leave to amend his habeas petition and (2) Petitioner's motion for immediate consideration of his motion to amend. Petitioner is seeking to amend his petition to add a new sentencing claim. The claim alleges that the trial court incorrectly scored the Michigan sentencing guidelines and relied on inaccurate information when sentencing Petitioner. This claim had been bifurcated in the State courts from the claims Petitioner raised in his initial petition. The Case No. 08-14570 Honorable Patrick J. Duggan

sentencing claim still was pending in the Michigan Supreme Court when Petitioner initiated this action. Respondent has not filed an objection to Petitioner's motions and the Federal Rules of Civil Procedure state that courts should freely give leave to amend "when justice so requires." Fed. R. Civ. P. 15(a)(2). Accordingly, IT IS ORDERED, that Petitioner's Motion for Leave to Amend Petition for the Writ of Habeas Corpus (Doc. 17) and Motion for Immediate Consideration (Doc. 20) are GRANTED and Petitioner's Amended Petition for the Writ of Habeas Corpus is being filed by this Court on the date of this Order; IT IS FURTHER ORDERED, that Respondent shall have thirty (30) days from the date of this Order to file an amended answer to the amended petition. DATE:August 17, 2010 Copy to: Robert P. Carico, #214910 Pine River Correctional Facility 320 N. Hubbard St. Louis, MI 48880 Jerrold Schrotenboer, Esq. s/PATRICK J. DUGGAN UNITED STATES DISTRICT JUDGE

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