(HC) Haapaniemi v. Fed Bureau of Prisons ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BJORN ERIK HAAPANIEMI, Case No. 1:23-cv-00074-HBK (HC) 12 Petitioner, ORDER GRANTING REQUEST FOR LEAVE TO FILE AMENDED PETITION 13 v. (Doc. No. 9) 14 FED. BUREAU OF PRISONS, UNITED STATES OF AMERICA, THIRTY DAY DEADLINE 15 Respondents. 16 17 18 19 20 21 Before the Court is Petitioner’s “Request for Leave to Amend Complaint.” (Doc. No. 9). 22 Bjorn Erik Haapaniemi (“Petitioner”), a federal prisoner incarcerated at FCI, Mendota, filed a 23 petition for writ of habeas corpus under § 2241 in the Central District of California on January 5, 24 2023. (Doc. No. 1, “Petition”). The matter was transferred to the Eastern District of California 25 on January 18, 2023. (Doc. No. 5). 26 The Federal Rules of Civil Procedure are to be applied to habeas proceedings, to the 27 extent that they are not inconsistent with the habeas statutory provisions and habeas rules. Rules 28 Governing Section 2254 Cases in the United States District Court, R.12. Consequently, pursuant 1 | to Rule 15(a), petitioner may amend his petition “once as a matter of course.” Fed. R. Civ. P. 2 | 15¢a)(1)(B). 3 Petitioner is advised that should he file a first amended petition, it will supersede the 4 | Petition and become the operative pleading. See Lacey v. Maricopa County, 693 F.3d. 896, 907 5 | n.1 (th Cir. 2012) (en banc). The Court will also direct the Clerk of Court to provide Petitioner 6 | with a blank form petition. Petitioner should use the enclosed form and title the pleading “First 7 | Amended Petition.” The first amended petition must be free-standing, i.e. it must be complete 8 | without reference to the prior petition or any superseded pleading, and must include all grounds 9 | for relief and supporting facts. See also Local Rule 220. The Court does not accept piecemeal 10 | pleadings. 11 Accordingly, it is ORDERED: 12 1. Petitioner’s “Request for Leave to Amend Complaint” (Doc. No. 9) is GRANTED.! 13 2. Petitioner shall file his free-standing First Amended Petition within thirty (30) days 14 from the date of service of this Order. 15 3. The Clerk of Court shall provide Petitioner with a habeas corpus § 2241 form with this 16 Order for Petitioner’s use in preparing his First Amended Petition. 17 4. If Petitioner declines to file a First Amended Petition within thirty (30) days, the 18 undersigned will proceed to conduct a preliminary review of the operative Petition 19 (Doc. No. 1) pursuant to Rule 4 of the Rules Governing § 2254 Cases. 20 | Dated: _ January 31, 2023 Mihaw. fares Back 22 HELENA M. BARCH-KUCHTA 33 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 || | The court’s acceptance of the filing of the amended petition, however, should not be implied as a waiver of Fed. R. Civ. P. 15(c) or of the one-year federal statute of limitations set forth in 28 U.S.C. § 2244(d), to 28 | the extent appliable.