(HC) Mosley v. Trate ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ISAAC D. MOSLEY, Case No. 1:22-cv-00797-HBK (HC) 12 Petitioner, ORDER GRANTING PETITIONER’S MOTION TO AMEND PETITION 13 v. (Doc. No. 4) 14 B.M. TRATE, 15 Respondent. 16 17 18 19 Petitioner Isaac D. Mosley, a state prisoner proceeding pro se, filed a petition for writ of 20 habeas corpus under 28 U.S.C. § 2241 on June 29, 2022. (Doc. No. 1). On July 5, 2022, 21 Petitioner filed a “Motion for Permission to Supplement,” now pending before the Court. (Doc. 22 No. 4). Petitioner seeks permission to supplement his Petition with “intervening case law 23 authority.” (Id.) 24 The Supreme Court has instructed the federal courts to liberally construe the “inartful 25 pleading[s]” of pro se litigants. See Boag v. MacDougall, 454 U.S. 364, 365 (1982). Here, 26 despite entitling the document at issue a motion to “supplement,” the Court construes the instant 27 motion as a motion to amend his Petition. The Federal Rules of Civil Procedure may be applied 28 to habeas proceedings to the extent such rules are not inconsistent with the statutory provisions of 1 | the Habeas Rules. Rules Governing Section 2254 Cases in the United States District Court, Rule 2 | 12. See also, Fed. R. Civ. P. 81(a)(4). Federal Rule of Civil Procedure 15(a) allows a litigant to 3 | amend his operative pleading once “as a matter of course” within 21 days of serving his pleading. 4 | Fed. R. Civ. P. 15(a)(1). The Court the Court has not yet screened the Petition nor directed 5 | service of the Petition. Thus, Petitioner may amend his Petition as a right. Fed. R. Civ. P. 15(a). 6 Should Petitioner file a First Amended Petition, he is also advised that the amended 7 | petition will supersede the original petition and become the operative pleading. See Lacey v. 8 | Maricopa County, 693 F.3d. 896, 907 n.1 (9th Cir. 2012) (en banc). It must be complete without 9 | reference to the prior petition or any superseded pleading, and must include all grounds for relief 10 | and supporting facts. See also Local Rule 220. The Court does not accept piecemeal pleadings. 11 Accordingly, it is ORDERED: 12 1. Petitioner’s “Motion for Permission to Supplement” (Doc. No. 4) construed as motion 13 to amend is GRANTED. ! 14 2. Petitioner shall file a First Amended Petition within thirty (30) days from the date of 15 service of this Order. 16 | Dated: _ July 21, 2022 Mile. Wh fareh Zaskth 18 HELENA M. BARCH-KUCHTA 9 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 ' The Court’s granting of a motion to amend a petition should not be construed as a waiver or 28 | tolling of the federal limitations under AEDPA, to the extent applicable.