Jackson v. Berghuis
Filing
44
OPINION and ORDER Granting the Motion to Amend the 34 Petition for Writ of Habeas Corpus and Directing Petitioner to Provide Two Copies of the Amended Petition for Service Upon Respondent and the Michigan Attorney General. Signed by District Judge Gershwin A. Drain. (TMcg)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DOUGLAS JACKSON,
Petitioner,
v.
Civil No. 2:15-CV-11622
UNITED STATES DISTRICT JUDGE
GERSHWIN A. DRAIN
LES PARISH,
Respondent,
____________________________________/
OPINION AND ORDER GRANTING THE MOTION TO AMEND THE
PETITION FOR WRIT OF HABEAS CORPUS (Doc. 34) AND DIRECTING
PETITIONER TO PROVIDE TWO COPIES OF THE AMENDED
PETITION FOR SERVICE UPON RESPONDENT AND THE MICHIGAN
ATTORNEY GENERAL
On June 15, 2018, this Court reopened the case to the Court’s active docket
and granted petitioner a 120-day extension of time to file an amended habeas
petition, if he chose to do so. The Court also set a deadline for the respondent to file
an answer. Respondent was given 180 days from the later of (1) the date on which
the amended petition is filed or (2) the date on which the period for filing an amended
petition expired, to file an answer. (Doc. 31).
Before the Court is petitioner’s amended habeas petition (Doc. 34) which is
construed also as a motion to amend the petition.
The Court will permit the petitioner to amend his habeas petition subject to the
one condition mentioned below. Petitioner’s proposed amended habeas petition
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should be granted because it advances new claims that may have arguable merit. See
e.g. Braden v. United States, 817 F.3d 926, 930 (6th Cir. 2016).
The Court notes that petitioner’s amended habeas petition is deficient because he
failed to provide sufficient copies of the petition for service upon the Michigan
Attorney General and the Warden. Petitioner’s failure to submit these copies of the
petition to the Clerk of the Court rendered his amended habeas petition deficiently.
See e.g. Moore v. Hawley, 7 F. Supp. 2d 901, 903 (E.D. Mich. 1998). The Court
directs petitioner to provide two (2) additional copies of the amended petition for
service upon respondent and the Michigan Attorney General within thirty (30) days
of this order. If the petitioner fails to provide sufficient service copies of the
amended petition within the thirty day period, the respondent will be required to file
an answer to only to the claims and the allegations contained in the original habeas
petition. Respondent shall have 180 (one hundred and eighty) days from the
expiration of this thirty day period to file the answer.
Dated:
November 19, 2018
s/Gershwin A. Drain
HON. GERSHWIN A. DRAIN
United States District Court Judge
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CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was mailed to the attorneys
of record on this date, November 19, 2018, by electronic and/or ordinary mail.
s/Teresa McGovern
Case Manager
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