Harris v. Gage

Filing 19

MEMORANDUM AND ORDER - Petitioner's "Second Motion for Leave to Amend" (Filing No. 18 ) is denied. Petitioner shall file an amended petition for writ of habeas corpus that clearly presents all of his claims for relief by May 9, 2017. Petitioner is warned that the amended petition will supersede, not supplement, his initial habeas petition. This means that failure to include any claims in the amended petition from his initial habeas petition will be deemed abandoned. Failure to file an amended petition within the time set by the court will result in dismissal of this matter without further notice to Petitioner. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MICHAEL E. HARRIS,
Petitioner,

8:16CV442

vs.
MEMORANDUM
AND ORDER

BRIAN GAGE,
Respondent.

This matter is before the court on Petitioner’s “Second Motion for Leave to
Amend” his habeas petition. (Filing No. 18.) His motion is denied. In its previous
order, the court gave Petitioner 60 days, or until May 9, 2017, to file an amended
petition that clearly presents all of his claims for relief. (Filing No. 17.) The
court warned Petitioner that “the amended petition will supersede, not supplement,
his initial habeas petition. Failure to file an amended petition within the time set by
the court will result in dismissal of this matter without further notice to Petitioner.”
(Id.) A pending postconviction motion in state district court (Filing No. 18 at
CM/ECF p. 3) does not prevent Petitioner from clearly setting forth all of his
claims in an amended petition.
Petitioner is not prevented from filing a future motion to stay. The court
notes, however, that it cannot adequately consider such a motion until Petitioner
clearly sets forth all of his claims in an amended petition, the court progresses the
matter, and Respondent files a response to Petitioner’s amended petition and the
relevant state court records.
IT IS THEREFORE ORDERED that:
1.
denied.

Petitioner’s “Second Motion for Leave to Amend” (Filing No. 18) is

2.
Petitioner shall file an amended petition for writ of habeas corpus that
clearly presents all of his claims for relief by May 9, 2017. Petitioner is warned
that the amended petition will supersede, not supplement, his initial habeas
petition. This means that failure to include any claims in the amended petition
from his initial habeas petition will be deemed abandoned. Failure to file an
amended petition within the time set by the court will result in dismissal of
this matter without further notice to Petitioner.
Dated this 17th day of April, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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