Reed v. Gilbert

Filing 24

ORDER granting Petitioner's 22 Motion to Amend Petition. Respondent shall file an answer to petitioner's amended petition within forty-five (45) days of the date on which this Order is signed. Signed by Hon. James P. Donohue. **3 PAGE(S), PRINT ALL**(Roosevelt Reed, Prisoner ID: 962757) (TH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ROOSEVELT REED,
Petitioner,

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v.

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RON HAYNES,

Case No. C17-1859-RAJ-JPD
ORDER GRANTING PETITIONER’S
MOTION TO AMEND PETITION

Respondent.

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This is a federal habeas action filed under 28 U.S.C. § 2254. Currently pending before

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the Court is petitioner’s motion to amend his federal habeas petition. Respondent has filed a

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response to petitioner’s motion in which he indicates that he does not oppose the proposed

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amendment. The Court, having reviewed petitioner’s motion, respondent’s response, and the

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balance of the record, hereby finds and ORDERS as follows:

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(1)

Petitioner’s motion to amend his federal habeas petition (Dkt. 22) is GRANTED.

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Petitioner states in his motion that he is seeking to amend his petition “to argue his claims

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adequately and to frame these claims under the proper habeas statue [sic].” (Id. at 2.) In his

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original petition, petitioner identified four grounds for relief including two grounds asserting that

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ORDER GRANTING PETITIONER’S
MOTION TO AMEND PETITION - 1

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the trial court improperly admitted evidence and two grounds asserting that petitioner’s trial

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counsel rendered ineffective assistance. (See Dkt. 8.) Respondent filed an answer to that

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petition in which he argued that petitioner’s claims of evidentiary error raised only issues of state

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law and therefore did not provide any basis for federal habeas relief, and that petitioner’s

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ineffective assistance of counsel claims were reasonably rejected by the state court. (See Dkt.

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15.)

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In his proposed amended petition, petitioner omits his claims of evidentiary error and

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appears to expand on his claims of ineffective assistance of counsel. Respondent, in his response

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to the motion to amend, states that he does not oppose the motion because the proposed

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amendment will not prejudice him, because it is not likely to cause undue delay, and because it

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does not appear that petitioner is acting in bad faith. (Dkt. 23 at 2.) Rule 15(a) of the Federal

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Rules of Civil Procedure provides that the court should freely give leave to amend “when justice

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so requires.” Because petitioner has only one opportunity to challenge his state court conviction

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under § 2254, absent special circumstances, and because it does not appear that amendment will

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result in any prejudice to respondent or cause any undue delay in these proceedings, the Court

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concludes that it is in the interests of justice to grant petitioner’s request to amend his petition.

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(2)

Accordingly, the Clerk is directed to file petitioner’s proposed amended petition

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(Dkt. 22-1). Respondent shall file an answer to petitioner’s amended petition within forty-five

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(45) days of the date on which this Order is signed. As part of such answer, respondent shall

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state whether petitioner has exhausted available state remedies and whether an evidentiary

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hearing is necessary. The answer will be treated in accordance with LCR 7(d)(3). Accordingly,

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on the face of the answer, respondent shall note it for consideration on the fourth Friday after

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ORDER GRANTING PETITIONER’S
MOTION TO AMEND PETITION - 2

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filing. Petitioner may file and serve a response to the answer not later than the Monday

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immediately preceding the Friday designated for consideration of the matter, and respondent

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may file and serve a reply not later than the Friday designated for consideration of the matter.

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(3)

The Clerk is directed to send copies of this Order to petitioner, to counsel for

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respondent, and to the Honorable Richard A. Jones.

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DATED this 6th day of June, 2018.

A

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JAMES P. DONOHUE
United States Magistrate Judge

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ORDER GRANTING PETITIONER’S
MOTION TO AMEND PETITION - 3