(HC) Haisch v. Warden ( 2023 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 KENNETH WILLIAM HAISCH, Case No. 1:22-cv-01314-JLT-EPG-HC 11 Petitioner, ORDER DIRECTING CLERK OF COURT TO RECHARACTERIZE PETITIONER’S 12 v. MOTION TO AMEND AS SUPPLEMENT TO PETITION 13 WARDEN, ORDER DIRECTING RESPONDENT TO 14 Respondent. ADDRESS PETITIONER’S SUPPLEMENT IN ITS RESPONSE TO THE PETITION 15 (ECF No. 13) 16 17 Petitioner Kenneth William Haisch is a federal prisoner proceeding pro se with a petition 18 for writ of habeas corpus pursuant to 28 U.S.C. § 2241. 19 On October 14, 2022, Petitioner filed a petition for writ of habeas corpus asserting that he 20 is actually innocent of his conviction for a violation of 18 U.S.C. § 922(g) in light of Rehaif v. 21 United States, 139 S. Ct. 2191 (2019), and United States v. Werle, 35 F.4th 1195 (9th Cir. 2022). 22 (ECF No. 1.) On February 10, 2023, Petitioner filed a motion to amend wherein he cites 23 additional caselaw to support his petition. (ECF No. 13.) The Court construes the motion to 24 amend as a supplement to the petition. See Castro v. United States, 540 U.S. 375, 381–82 (2003) 25 (courts may recharacterize a pro se motion to “create a better correspondence between the 26 substance of a pro se motion’s claim and its underlying legal basis”); Bernhardt v. Los Angeles 27 County, 339 F.3d 920, 925 (9th Cir. 2003) (courts have a duty to construe pro se pleadings and motions liberally). 1 The Court has ordered Respondent to file a response to the petition by February 17, 2023. 2 | No. 12.) Respondent should address Petitioner’s supplement in its response to the petition. 3 | If Respondent needs additional time to file a response to the petition, Respondent may move for 4 | an extension of time. 5 Accordingly, the Court HEREBY ORDERS that: 6 1. The Clerk of Court is DIRECTED to recharacterize Petitioner’s motion to amend (ECF 7 No. 13) as a supplement to the petition; and 8 2. Respondent is DIRECTED to address Petitioner’s supplement in the response to the 9 petition. 10 i IT IS SO ORDERED. 12| Dated: _ February 13, 2023 [see ey —— UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28