Summary
This federal district court minute order addresses a petitioner's motion to amend a habeas corpus petition under 28 U.S.C. § 2254. Citing Federal Rule of Civil Procedure 15(a), the court explains that the petitioner may amend the petition once as a matter of right prior to the respondent's answer. Noting that an amended petition was already properly filed, the court strikes the motion to amend as moot and directs the clerk to notify the parties and another judge.
Topics
Practice areas
Questions Presented
- Whether a habeas petitioner may amend the petition as a matter of right under Federal Rule of Civil Procedure 15(a) without court permission.
Holdings
- Petitioner may amend the habeas petition as a matter of right, and the motion to amend is moot and struck.
Key quotations
“Petitioner need not apply for permission to file a first amended petition, he may do so as a matter of right.” (1)
Factual background
Petitioner sought to file an amended habeas petition after no responsive pleading had been filed by the respondent.
Procedural history
Petitioner filed a habeas petition under 28 U.S.C. §2254 and subsequently moved to amend the petition. The court held that, under FRCP 15(a), the petitioner may amend as a matter of right and therefore struck the motion as moot.