Davis v. Trierweiler

Filing 10

ORDER granting 9 Petitioner's Motion to Amend/Supplement Habeas Petition. Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

MARIO DAVIS,
Petitioner,
v.

Case No. 15-cv-14420

TONY TRIERWEILER,
Respondent.
/
ORDER GRANTING PETITIONER’S MOTION TO
AMEND/SUPPLEMENT HABEAS PETITION
Michigan prisoner Mario Davis (“Petitioner”) has filed a pro se petition for a writ
of habeas corpus pursuant to 28 U.S.C. § 2254. This matter is before the court on
Petitioner’s motion to amend/supplement his habeas petition to add documents from his
state criminal proceedings. Respondent has filed an answer to the petition, but has not
filed a response to the motion. 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 reviewed the matter, the court finds that Petitioner should be allowed to
supplement his pleadings as requested. Accordingly, the court GRANTS his motion.
The court makes no determination as to the relevancy of the supplemental information
at this time.
IT IS SO ORDERED.
s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: December 2, 2016

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, December 2, 2016, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

S:\Cleland\JUDGE'S DESK\C1 ORDERS\15-14420.DAVIS.Amend.Petition.Grant.TLH.wpd

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