Milner v. Hoffner

Filing 13

ORDER granting Petitioner's 3 Motion to amend granting 8 Motion to amend the Petition for Writ of Habeas Corpus. Signed by District Judge Robert H. Cleland. (LWag)

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

STEVEN MILNER,
Petitioner,
v.

Case No. 16-10127

BONITA HOFFNER,
Respondent.
/
ORDER GRANTING PETITIONER’S MOTIONS TO AMEND PETITION FOR WRIT OF
HABEAS CORPUS
Petitioner Steven Milner filed a petition for writ of habeas corpus pursuant to 28
U.S.C. § 2254. Respondent filed an answer to the petition. Before the court are two
motions filed by Petitioner seeking leave to amend his petition to include claims that
were exhausted in the state courts since he filed this action. (Dkts. ## 3 & 8.) Federal
Rule of Civil Procedure 15 provides that the court should freely allow a party to amend a
pleading when justice so requires. Fed. R. Civ. p. 15(a)(2). Respondent’s answer, filed
after Petitioner filed his motions, includes a response to the additional claims Petitioner
wishes to include in his petition. The court concludes that Respondent will therefore not
be prejudiced by allowing Petitioner to amend his petition to add these two claims.
Accordingly,
IT IS ORDERED that the two motions to amend (Dkts. ## 3 & 8) are GRANTED
and the supplemental brief asserting the two new claims is DEEMED as part of the
petition for habeas relief. No further briefing is required.
s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: September 22, 2016

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, September 22, 2016, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

9/22/16:S:\Cleland\JUDGE'S DESK\C3 ORDERS\16-10127 .MILNER.Amend.bb.chd.wpd