Lewis v. MacLaren
ORDER DENYING Petitioner's Motion for Reassignment/Reopening of Case re 7 . Signed by District Judge Denise Page Hood. (KJac)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
CURTIS JONES, #221006,
CASE NO. 2:14-CV-14253
HONORABLE DENISE PAGE HOOD
ORDER DENYING PETITIONER’S MOTION FOR
REASSIGNMENT/REOPENING OF CASE
This matter is before the Court on habeas petitioner Curtis Lewis Jones’
“Motion for Reassignment of Case” in which he seeks to reopen this closed habeas
case and proceed on an amended habeas petition. On January 30, 2015, the Court
dismissed his original habeas petition without prejudice on exhaustion grounds. The
Court did not retain jurisdiction over the case. Petitioner now seeks to proceed on
federal habeas review asserting that he has attempted, albeit unsuccessfully, to exhaust
his claims in the state courts.
Petitioner cannot amend his prior habeas petition because it is no longer
pending before this Court. While a federal court generally has discretion to allow
amendment of a civil complaint, see Fed. R. Civ. P. 15(a), such is not the case where,
as here, the Court has already dismissed the case. Under Federal Rule of Civil
Procedure 15, once a judgment has been entered in a case, the filing of an amendment
is not allowed unless the judgment has been set aside or vacated. See In re Ferro
Corp. Derivative Litigation, 511 F.3d 611, 624 (6th Cir. 2008); accord Griffey v.
Lindsey, 345 F.3d 1058, 1062 (9th Cir. 2003); Pitts v. Champion, 16 F. App’x 975,
977 (10th Cir. 2001); Harris v. City of Auburn, 27 F.3d 1284, 1287 (7th Cir.1994).
No such action has occurred here. The Court dismissed the original petition, closed
the case, and did not retain jurisdiction over the matter. Petitioner’s proper recourse
is to file a new habeas petition in accordance with the federal rules, not to reopen this
closed case. Accordingly, the Court DENIES Petitioner’s motion. This case remains
closed. The Court expresses no opinion at this time as to whether Petitioner has
sufficiently exhausted available state court remedies.
IT IS SO ORDERED.
s/Denise P. Hood
DENISE PAGE HOOD
UNITED STATES DISTRICT JUDGE
Dated: December 30, 2015
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was served
upon the parties and/or counsel of record on December 30, 2015, by
electronic means and/or ordinary mail.
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