Robinson v. McKee

Filing 11

ORDER granting 7 Motion to Supplement; and Setting Deadlines. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
LAMONT D. ROBINSON, #232275,
Petitioner,
v.

CASE NO. 2:13-CV-13145
HONORABLE JOHN CORBETT O’MEARA

LLOYD RAPELJE,
Respondent.
___________________________________/
ORDER GRANTING MOTION TO SUPPLEMENT AND SETTING DEADLINES
Michigan prisoner Lamont D. Robinson (“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
supplement his petition, dated January 24, 2014 and filed on January 30, 2014. Respondent filed a
motion for summary judgment on timeliness grounds on February 3, 2014. Under the Federal Rules
of Civil Procedure, a party may amend a pleading to which a response is required within 21 days after
service of the responsive pleading. See Fed. R. Civ. P. 15(a)(1).1 Since Petitioner filed his motion
before the responsive pleading was filed, he has the right to amend the petition without the Court’s
permission. Accordingly, the Court GRANTS Petitioner’s motion. The supplement has been filed and
will be considered as part of the petition. Respondent shall file any answer to the supplement within
60 DAYS of the filing date of this order. Petitioner shall then have 45 DAYS to file any reply.
IT IS SO ORDERED.
s/John Corbett O’Meara
United States District Judge
Date: February 6, 2014

1

Rule 15(a) applies to habeas cases as it applies to other civil cases. See 28 U.S.C. § 2242
(habeas petitions "may be amended or supplemented as provided in the rules of procedure
applicable to civil actions").

I hereby certify that a copy of the foregoing document was served upon the parties of record on
this date, February 6, 2014, using the ECF system and/or ordinary mail.

s/William Barkholz
Case Manager

2