WADE v. WARDEN FCI FAIRTON et al

Filing 10

MEMORANDUM AND ORDER granting 8 Motion to Amend/Correct; Respondent shall file an Answer to the claims in Petitioner's motion to supplement/amend (ECF No. 8 ) within thirty days of the date of this Order. Signed by Judge Renee Marie Bumb on 5/25/16. (js)

NOT FOR PUBLICATION
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CAMDEN VICINAGE

Hugh Maurice Allen Wade,
Petitioner,
v.
Warden, FCI-Fairton, et al.,
Respondents.

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Civil Action No. 15-8925(RMB)

MEMORANDUM AND ORDER

This matter comes before the Court upon Plaintiff’s Motion
to Supplement/Amend Petition Pursuant to 28 USCA 2241 (Habeas
Corpus)

(ECF

No.

8),

filed

after

Respondents

answered

the

petition. Respondents did not oppose the motion.
Petitioner

seeks

to

add

two

grounds

for

relief

to

his

petition under 28 U.S.C. § 2241, challenging a decision by the
U.S. Parole Commission, and the Bureau of Prison’s calculation
of his sentence. (Mot. to Amend, ECF No. 8 at 4.) The claims he
seeks to add are as follows:
The U.S. Parole Commission denied petitioner
of due process by not advising him that he
was exposed to a confinement beyond the
parole guidelines by virtue of having three
new criminal conduct violations.
The Commission did not properly certify the
initial 1990 conviction and the finality of
that
conviction
which
was
subsequently
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vacated and not a “suspended sentence” as
mischaracterized by petitioner.
(Id.)
The Federal Rules of Civil Procedure may be applied to a
proceeding under the Rules Governing Section 2254 Cases in the
United

States

District

Courts,

and

by

virtue

of

Rule

1(b)

broadening the scope of the rules, may be applied to proceedings
under 28 U.S.C. § 2241, if not otherwise inconsistent with the
Rules. See Rule 12, Rules Governing Section 2254 Cases in the
United States District Courts.
Under Federal Rule of Civil Procedure 15(a)(1)(B):
A party may amend its pleading once as a
matter of course
. . .
If the pleading is one to which a responsive
pleading is required, 21 days after service
of a responsive pleading . . .
Here, a responsive pleading was required and was filed on March
28, 2016. Petitioner filed his motion to amend 21 days after the
answer was filed, on April 18, 2016. Under Federal Rule of Civil
Procedure 15(a)(1)(B), Petitioner’s amendment may proceed as a
matter of course. Therefore, the Court will direct Respondent to
Answer the new claims in the amended petition.
IT IS, therefore, on this 25th day of May 2016,
ORDERED that Petitioner’s Motion to Amend (ECF No. is 8) is
GRANTED; and it is further
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ORDERED that Respondent shall file an Answer to the claims
in Petitioner’s motion to supplement/amend (ECF No. 8) within
thirty days of the date of this Order; and it is further
ORDERED that the Clerk of the Court shall serve this Order
on Petitioner by regular mail.

s/RENÉE MARIE BUMB__________
RENÉE MARIE BUMB
United States District Judge

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