(HC) Godfrey v. Warden PBSP ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSHUA MICHAEL GODFREY, Case No. 1:19-cv-01197-NONE-JDP 12 Petitioner, ORDER GRANTING PETITIONER’S MOTION TO AMEND PETITION 13 v. ECF No. 17 14 WARDEN PBSP, THIRTY-DAY DEADLINE 15 Respondent. ORDER STAYING DEADLINES IN 16 SCHEDULING ORDER 17 ECF No. 12 18 Petitioner Joshua Michael Godfrey, a state prisoner without counsel, petitioned for a writ 19 of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. Before the court is petitioner’s motion to 20 amend his petition. ECF No. 17. “A habeas petition ‘may be amended or supplemented as 21 provided in the rules of procedure applicable to civil actions.’” Alfaro v. Johnson, 862 F.3d 1176, 22 1183 (9th Cir. 2017) (quoting 28 U.S.C. § 2242). Because this is petitioner’s first motion to 23 amend and we grant leave to amend once as a matter of course, we grant petitioner’s motion. See 24 Fed. R. Civ. P. 15(a)(1). Petitioner will have thirty days to file a first amended petition. All 25 deadlines from our January 29, 2020 scheduling order are stayed until the court has had an 26 opportunity to review petitioner’s first amended complaint. ECF No. 12. 27 28 1 The amended petition will supersede the original petition, Lacey v. Maricopa County, 693 2 | F.3d 896, 907 n.1 (9th Cir. 2012) (en banc); the amended petition must be complete on its face 3 | without reference to the prior, superseded petition, see E.D. Cal. Local Rule 220. Petitioner may 4 | not change the nature of his petition by adding new, unrelated claims. See George v. Smith, 507 5 | F.3d 605, 607 (7th Cir. 2007). Once an amended petition is filed, the original petition no longer 6 || serves any function. Therefore, in an amended petition, as in an original petition, petitioner must 7 | assert each claim in sufficient detail. The amended petition should be titled “First Amended 8 | Petition” and refer to the appropriate case number. 9 Accordingly, it is hereby ordered that: 10 1. the deadlines in the court’s scheduling order, ECF No. 12, are stayed; 11 2. petitioner’s motion to amend the petition, ECF No. 17, is granted; 12 3. petitioner shall have thirty days to file a first amended petition; and 13 4. the clerk is directed to send petitioner a blank habeas corpus petition form. 14 1s IT IS SO ORDERED. 16 ( Caan Dated: _ March 18, 2020 17 UNI STATES MAGISTRATE JUDGE 18 19 | No. 206. 20 21 22 23 24 25 26 27 28