Brown v. MacLaren

Filing 14

ORDER granting 13 Motion to Amend/Correct. Signed by District Judge Avern Cohn. (MVer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

SALATHIEL REZAR BROWN,
Petitioner,
Case No. 2:16-cv-12543
v.
Hon. Avern Cohn
CATHERINE S. BAUMAN,
Respondent.
___________________________/
ORDER GRANTING PETITIONER’S MOTION TO AMEND
AND FOR AN EXTENSION OF TIME [Doc. #13]
This is a habeas corpus case under 28 U.S.C. § 2254. Petitioner commenced
this action on July 1, 2016, by filing a pro se application for the writ of habeas corpus
challenging his Wayne County, Michigan convictions for second-degree murder and two
firearm offenses. The sole ground for relief reads:
A juror at my trial discussed my case (on an evening during the trial) at a
dinner party with a prosecutor (not the prosecutor at my trial). Though the
trial court judge dismissed the juror, neither the judge, prosecutor, nor
even my lawyer questioned the remaining jurors concerning possible
impermissible/prejudicial discussions the ousted juror may have had with
the other jury members prior to being ousted.
Pet., page 6.
On January 18, 2017, newly retained counsel for Petitioner moved for leave to
amend the habeas petition. Counsel for Petitioner also seeks an extension of time (until
March 18, 2017) to review the case, perform legal research, interview witnesses,
converse with Petitioner, and prepare the amended petition. Counsel states that he
contacted an attorney for respondent Catherine S. Bauman and that the attorney

indicated he has no objection to the motion, provided that he waives no defenses to
Petitioner’s arguments by doing so.
Given the parties’ agreement regarding Petitioner’s request, the Court grants
Petitioner’s motion to amend the petition and for an extension of time (Doc. #13), but
reserves judgment on whether any claims in the amended petition will be time-barred.
Petitioner shall file his amended petition no later than March 18, 2017. Although the
responsive pleading and state-court record currently are due on April 18, 2017, see
Doc. #5, the Court will extend that deadline to fifty-six days from the date of the
amended petition. Petitioner shall have twenty-eight days from the date of the
responsive pleading to file a reply.
SO ORDERED.
S/Avern Cohn
AVERN COHN
UNITED STATES DISTRICT JUDGE
Dated: March 6, 2017

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