(HC) Brown v. Northern Kern State Prison ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENYON DERRAL BROWN, Case No. 1:21-cv-01061-DAD-HBK (HC) 12 Petitioner, ORDER STRIKING PETITIONER’S MOTION TO SUPPLEMENT PETITION 13 v. (Doc. No. 26) 14 NORTHERN KERN STATE PRISON, DIRECTOR OF CDCR, 15 Respondent. 16 17 18 Petitioner Kenyon Derral Brown, a state prisoner proceeding pro se, has pending a 19 petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1). Respondent filed a 20 motion to dismiss the petition on September 1, 2021. (Doc. No. 17). Petitioner responded in 21 opposition on September 16, 2021; and the court granted his motion to supplement his opposition 22 to the motion to dismiss on January 10, 2022. (Doc Nos. 18, 22, 25). On January 7, 2022, 23 Petitioner filed a “Motion to Supplement Conditions of Confinement,” now pending before the 24 Court. (Doc. No. 26). 25 The Supreme Court has instructed the federal courts to liberally construe the “inartful 26 pleading[s]” of pro se litigants. See Boag v. MacDougall, 454 U.S. 364, 365 (1982). However, 27 despite entitling the document at issue a motion to “supplement,” the pleading can only be 28 1 | construed as a stand-alone amended petition for writ of habeas corpus.! Under the circumstances 2 | presented here, Rule 15(a) allows Petitioner to amend his petition once “as a matter of course” up 3 || to 21 days after Respondent’s Motion to Dismiss. Fed. R. Civ. P. 15(a). Here, more than three 4 | months have passed since Respondent filed the Motion to Dismiss; thus, Petitioner was required 5 | to obtain leave from the Court or the opposing party’s written consent before filing an amended 6 | petition pursuant to FRCP 15(a). Because Petitioner failed to obtain leave from the Court or 7 | obtain consent from Respondent, the Court will order Petitioner’s “Motion to Supplement 8 | Conditions of Confinement” stricken from the record. 9 This action continues to proceed on Petitioner’s initial petition. Petitioner is advised that 10 | he may file a motion for leave to file an amended petition pursuant to FRCP Rule 15(a). Should 11 | Petitioner seek leave to amend his petition, he is also advised that the amended petition will 12 | supersede the original petition and become the operative pleading. See Lacey v. Maricopa 13 | County, 693 F.3d. 896, 907 n.1 (9th Cir. 2012) (en banc). It must be complete without reference 14 | to the prior petition or any superseded pleading, and must include all grounds for relief and 15 | supporting facts. See also Local Rule 220. The Court does not accept piecemeal pleadings. 16 Accordingly, it is ORDERED: 17 The Clerk of Court shall strike Petitioner’s “Motion to Supplement Conditions of 18 | Confinement” (Doc. No. 26) from the record. 19 70 | Dated: _ May 2, 2022 law Nh. fareh Base □□□ 1 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 ——— ' Notably if the Court accepted the pleading as an amended pleading it did not include all grounds 28 | raised in the initial petition.