Alexaner v. Hoffner

Filing 12

ORDER Granting Petitioner's 11 Motion to Amend His Habeas Petition and Setting Deadlines. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JOHN ALLEN ALEXANDER, #182285,
Petitioner,

Case No. 15-cv-11364
Hon. Matthew F. Leitman

v.
BONITA HOFFNER,
Respondent.
_____________________________________/
ORDER GRANTING PETITIONER’S MOTION TO AMEND
HIS HABEAS PETITION AND SETTING DEADLINES
This is a habeas case under 28 U.S.C. § 2254. The matter is before the Court
on Petitioner’s motion to amend his habeas petition to add a new claim challenging
the validity of his sentence, which he asserts was recently exhausted in the state
courts. Petitioner has included his supplemental sentencing claim in his motion and
supporting brief. The Court has discretion to allow amendment of the habeas
petition. See Rule 11, Rules Governing 28 U.S.C. § 2254 Cases; Fed. R. Civ. P.
15(a). Having considered the matter, the Court concludes that Petitioner should be
allowed to amend/supplement his petition. Respondent shall file an answer to the
supplemental sentencing claim and any additional relevant state court materials by

September 29, 2017. Petitioner shall then have until November 17, 2017 to file a
reply to that answer, if desired.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: July 19, 2017

I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on July 19, 2017, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]