Hall v. Terris

Filing 6

ORDER granting 4 Motion to Amend/Correct Petition for Writ of Habeas Corpus. Signed by District Judge Victoria A. Roberts. (CPin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
EDDIE HALL,
Petitioner,

CASE NO. 2:17-CV-12085
HONORABLE VICTORIA A. ROBERTS
UNITED STATES DISTRICT JUDGE

v.
J.A. TERRIS,
Respondent,
____________________________________/

ORDER GRANTING THE MOTION TO AMEND
PETITION FOR WRIT OF HABEAS CORPUS
Petitioner filed a petition for writ of habeas corpus with this Court on June 27,
2017, seeking the issuance of a writ of habeas corpus pursuant to 28 U.S.C. § 2241.
Petitioner challenges his sentence as a career offender under the Federal Sentencing
Guidelines.
On July 24, 2017, Petitioner filed a motion to amend the petition for writ of habeas
corpus. For the reasons that follow, the motion to amend the petition for writ of habeas
corpus is GRANTED.
The decision to grant or deny a motion to amend a habeas petition is within the
discretion of a federal district court. Clemmons v. Delo, 177 F. 3d 680, 686 (8th Cir.
1999); citing to Fed.R.Civ.P. Rule 15. Notice and substantial prejudice to the opposing
party are the critical factors for the court to consider in determining whether an
amendment to a habeas petition should be granted. Coe v. Bell, 161 F. 3d 320, 341-342
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(6th Cir. 1998). A motion to amend a habeas petition may be denied when it has been
unduly delayed and when allowing the motion would prejudice the nonmovant. Smith v.
Angelone, 111 F. 3d 1126, 1134 (4th Cir. 1997)(internal citations ommitted). However,
delay by itself is not sufficient to deny a motion to amend. Coe, 161 F. 3d at 342.
The motion to amend the petition is granted. Petitioner’s proposed amended
habeas petition alleges additional support for his claim and would not unduly prejudice
respondent. See Riley v. Taylor, 62 F. 3d 86, 92 (3rd Cir. 1995).
IT IS ORDERED that:
The Motion to Amend the Petition for Writ of Habeas Corpus [Dkt. # 4] is
GRANTED.
S/Victoria A. Roberts
HON. VICTORIA A. ROBERTS
UNITED STATES DISTRICT COURT
DATED: July 28, 2017

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