Carter v. MacLaren

Filing 6

ORDER granting 4 Motion to Amend/Correct. Signed by District Judge Patrick J. Duggan. (MOre)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
LEONARD CARTER,
Petitioner,

Civil No. 2:14-cv-12787
Honorable Patrick J. Duggan

v.
DUNCAN MACLAREN,
Respondent.
________________________________/
ORDER GRANTING MOTION TO AMEND HABEAS PETITION
Petitioner Leonard Carter filed a petition for writ of habeas corpus pursuant to
28 U.S.C. § 2254. Respondent has not yet filed a response to the petition. Before the
Court is Petitioner's motion to file an amended petition.
Petitioner requests that the Court permit him to file an amended petition altering
his third habeas claim. A brief in support of the new claim has been included with the
motion. 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). Here, the
Court concludes that Respondent will not be prejudiced by allowing Petitioner to file
his amended petition.
Accordingly, the Court GRANTS Petitioner’s motion to amend his habeas
petition.
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IT IS SO ORDERED.
Dated: November 3, 2014
s/PATRICK J. DUGGAN
UNITED STATES DISTRICT JUDGE
Copies to:
Leonard Carter
230820
KINROSS CORRECTIONAL FACILITY
16770 S. WATERTOWER DRIVE
KINCHELOE, MI 49788
Laura Moody, AAG

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