Famous v. Bartow

Filing 47

ORDER denying as premature 46 Motion to Amend Petition to Add Motion for a Hearing to Supplement the Record Claim signed by Chief Judge William C. Griesbach on 2/22/19. (cc: all counsel via efile; Famous via U.S. Mail) (Griesbach, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
RONNIE L. FAMOUS,
Petitioner,
v.

Case No. 10-C-707

BRYAN BARTOW,
Respondent.
ORDER DENYING MOTION TO AMEND
Petitioner Ronnie L. Famous filed a petition seeking federal habeas corpus relief under
28 U.S.C. § 2254 on August 17, 2010. The case was transferred to the undesigned on December
19, 2018, at which time the court screened the Amended Petition and directed the respondent to file
an answer. The respondent has not yet done so. Now before the court is Famous’ “Motion to
Amend Petition to Add Motion for a Hearing to Supplement the Record Claim.” ECF No. 46. The
motion will be denied. A motion for a hearing is not part of a petition, nor should a petition seeking
federal habeas relief be amended to include a motion for hearing. Evidentiary hearings on motions
for federal relief under § 2254 are rare. This is because of the deferential standard of review that
applies under that section. But under some circumstances, an evidentiary hearing is possible.
28 U.S.C. § 2254(e)(2). Any motion for such a hearing at this time, however, is premature. The
respondent has not yet filed an answer and it is not even clear whether Famous’ petition is timely.
Under these circumstances and for these reasons, the motion is denied.
SO ORDERED this 22nd day of February, 2019.
s/ William C. Griesbach
William C. Griesbach, Chief Judge
United States District Court