Baker v. Stewart

Filing 27

OPINION and ORDER (1) Granting the Motion to Amend the Petition, (2) Setting Deadline for Respondent to file a Supplemental Answer and (3) Setting Deadline for a Reply Brief. Signed by District Judge George Caram Steeh. (BSau)

Case 2:15-cv-11629-GCS-RSW ECF No. 27 filed 09/03/20

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
CORRINE BAKER,
Petitioner,

Civil No. 2:15-CV-11629
HONORABLE GEORGE CARAM STEEH

v.
SHAWN BREWER,
Respondent.
_________________________________/
OPINION AND ORDER (1) GRANTING THE MOTION TO AMEND THE
PETITION, (2) SETTING DEADLINE FOR RESPONDENT TO FILE A
SUPPLEMENTAL ANSWER AND (3) SETTING DEADLINE FOR A
REPLY BRIEF
Petitioner filed a petition for a writ of habeas corpus pursuant to 28
U.S.C. § 2254, through her counsel David S. Steingold, challenging her
conviction for second-degree murder and second-degree child abuse. The
petition was held in abeyance during the pendency of her request for a
review of her criminal conviction by the Michigan Attorney General Office’s
Conviction Integrity Unit. (CIU).

The case was reopened following

completion of that review.
Petitioner has now filed a notice of newly discovered evidence, which
is construed as a motion to amend the habeas petition. The motion to amend
is granted. Respondent shall file a supplemental answer to this amended
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Case 2:15-cv-11629-GCS-RSW ECF No. 27 filed 09/03/20

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petition within 60 days of this order. Petitioner has 45 days following the
filing of the state’s answer to file a reply brief if she so chooses.
Petitioner’s proposed amended habeas petition should be granted
because it advances claims that may have arguable merit. See e.g. Braden
v. United States, 817 F.3d 926, 930 (6th Cir. 2016).
Respondent shall file an answer to the amended petition within sixty
days of the Court’s order. See Erwin v. Elo, 130 F. Supp. 2d 887, 891 (E.D.
Mich. 2001); 28 U.S.C. § 2243. Petitioner has forty five days from the receipt
of the answer to file a reply brief, if she so chooses. See Rule 5(e) of the
Rules Governing § 2254 Cases, 28 U.S.C. foll. § 2254.
ORDER
IT IS ORDERED THAT:
(1) The motion to amend the petition for a writ of habeas corpus
is GRANTED.
(2) Respondent shall file a supplemental answer within sixty (60)
days of the date of this order or show cause why they are unable
to comply with the order.
(5) Petitioner shall have forty five days from the date that she
receives the answer to file a reply brief.
Dated: September 3, 2020

s/George Caram Steeh
GEORGE CARAM STEEH
United States District Judge
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