HAYNES v. WENEROWICZ et al

Filing 18

ORDER granting 16 Motion to Amend/Correct, Petitioner's three new claims raised in the Motion are deemed to constitute an Amended Habeas Petition together with the Original Petition and the Respondents are ORDERED to file a Supplemental Answe r addressing the three new claims as directed more fully in the Order. Signed by Magistrate Judge Maureen P. Kelly on 12-12-2014. A copy of this Order together with the Notice of Electronic Filing are being sent to Petitioner at his address of record via first class mail. (tmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

GERARD VON HAYNES,

)
)
)
vs.
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MICHAEL WENEROWICZ; THE
)
ATTORNEY GENERAL OF THE STATE )
OF PENNSYLVANIA,
)
Respondents. )
Petitioner,

Civil Action No. 13-1137
Chief Judge Joy Flowers Conti/
Chief Magistrate Judge Maureen P. Kelly
Re: ECF No. 16

ORDER
After Respondents filed an Answer, ECF No. 8, to the Petition for Writ of Habeas Corpus,
Gerard Von Haynes (“Petitioner”) filed a Motion To Amend/Correct Petition for Writ of Habeas
Corpus (“Motion to Amend”). ECF No. 16. Petitioner sought leave to amend to add essentially
three claims. The Motion to Amend is GRANTED. The filings at ECF No. 3 and No. 16 are
together deemed to be the effective Habeas Petition. Respondents are ORDERED to file a
Supplemental Answer to the Amended Petition. In addition to whatever else Respondents choose
to address, Respondents should address whether the three additional claims are timely filed, i.e.,
the new claims relate back pursuant to Fed.R.Civ.P.15, in addition to whether the three new claims
are exhausted/procedurally defaulted and also Respondents should address the three new claims
on the merits. Respondents’ Supplemental Answer is due no later than February 2, 2015.
In accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rule 72.C.2 of
the Local Rules of Court, the parties are allowed fourteen (14) days from the date of this Order to
file an appeal to the District Judge which includes the basis for objection to this Order. Any

appeal is to be submitted to the Clerk of Court, United States District Court, 700 Grant Street,
Room 3110, Pittsburgh, PA 15219. Failure to file a timely appeal will constitute a waiver of any
appellate rights.
s/Maureen P. Kelly
MAUREEN P. KELLY
CHIEF UNITED STATES MAGISTRATE JUDGE
Date: December 12, 2014
cc:

The Honorable Joy Flowers Conti
Chief United States District Judge
Gerard Von Haynes
GY-8752
SCI Graterford
Box 244
Graterford, PA 19426-0426
All Counsel of Record Via CM-ECF