Mosley v. Treiweiler

Filing 15

ORDER granting petitioner's Motion to Amend 8 and Motion for Extension of Time 13 Signed by District Judge George Caram Steeh. (MBea)

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DWIGHT MOSLEY, Case Number: 2:15-CV-12631 HONORABLE GEORGE CARAM STEEH Petitioner, v. TONY TREIWEILER, Respondent. / ORDER GRANTING PETITIONER’S MOTION TO AMEND (ECF No. 8) AND MOTION FOR EXTENSION OF TIME (ECF No. 13) Petitioner filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Now before the Court are Petitioner’s Motion to Amend and Letter-Motion for Extension of Time. Fed. R. App. P. 15(a)(2) allows a party to amend a pleading by leave of court and provides that the court “should freely give leave when justice so requires.” Petitioner’s request to amend his petition does not appear to be made in bad faith or to be an attempt to delay the proceedings. The Court will grant the motion. Also before the Court is Petitioner’s Motion for Extension of Time. The Court’s Order Requiring Responsive Pleading permitted Petitioner 45 days from the filing of a responsive pleading to file a reply. The Court finds that an enlargement of time is warranted and shall grant the motion. The Court GRANTS Petitioner’s Motion to Amend (ECF No. 8) and Petitioner’s amended petition (ECF No. 9) is accepted for filing. The Court further GRANTS Petitioner’s Motion for Extension of Time (ECF No. 13) and Petitioner’s reply (ECF No. 12) and amended reply (ECF No. 14) are accepted as timely filed. Dated: September 26, 2016 s/George Caram Steeh GEORGE CARAM STEEH UNITED STATES DISTRICT JUDGE CERTIFICATE OF SERVICE Copies of this Order were served upon attorneys of record and Dwight Mosley #819606, Bellamy Creek Corr. Facility, 1727 West Bluewater Hwy, Ionia, MI 48846 on September 26, 2016, by electronic and/or ordinary mail. s/Marcia Beauchemin Deputy Clerk 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?