(HC) Isaac Jones v. Young

Opinion

ISAAC JONES, Case No. 1:19-cv-00411-JDP Petitioner, ORDER GRANTING PETITIONER’S MOTION TO AMEND PETITION v. ECF No. 8 Respondent. Petitioner Isaac Jones, a federal prisoner without counsel, petitioned for a writ of habeas corpus under 28 U.S.C. § 2241. ECF No. 1. Before the court is petitioner’s motion to amend his petition. ECF No. 8. “A habeas petition ‘may be amended or supplemented as provided in the rules of procedure applicable to civil actions.’” Alfaro v. Johnson, 862 F.3d 1176, 1183 (9th Cir. 2017) (quoting 28 U.S.C. § 2242). Because this is petitioner’s first motion to amend and we grant leave to amend once as a matter of course, we grant petitioner’s motion. See Fed. R. Civ. P. 15(a)(1); ECF No. 8. Considering petitioner’s declaration that his access to legal research materials is limited at his prison, we will grant petitioner’s request for 60 days to submit his first amended petition. ECF No. 8 at 3. The amended petition will supersede the original petition, Lacey v. Maricopa County, 693 F. 3d 896, 907 n.1 (9th Cir. 2012) (en banc), and so the amended petition must be complete on its face without reference to the prior, superseded petition, see E.D. Cal. Local Rule 220. Petitioner may not change the nature of his petition by adding new, unrelated claims. See George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007). Once an amended petition is filed, the original petition no longer serves any function. Therefore, in an amended petition, as in an original petition, petitioner must assert each claim in sufficient detail. The amended petition should be titled “First Amended Petition” and refer to the appropriate case number. Order Accordingly, 1. petitioner’s motion to amend the petition, ECF No. 8, is granted; 2. petitioner shall have 60 days to file a first amended petition; and 3. the clerk is directed to send petitioner a blank habeas corpus petition form. IT IS SO ORDERED. vy, \ prssanp Rae — Dated: _ February 9, 2020 UNI STATES MAGISTRATE JUDGE No. 206.