(HC) Petersen v. Kern County District Attorney

• Court: District Court, E.D. California
• Decided: February 10, 2020
• Docket: 1:19-cv-00975
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KYLE PETERSEN, Case No. 1:19-cv-00975-JDP 12 Petitioner, ORDER GRANTING PETITIONER’S MOTION TO AMEND PETITION 13 v. ECF No. 9 14 KERN COUNTY DISTRICT ATTORNEY, 15 Respondent. 16

17 18 19 Petitioner Kyle Petersen, a state prisoner without counsel, petitioned for a writ of habeas 20 corpus under 28 U.S.C. § 2254. ECF No. 1. Before the court is petitioner’s motion to amend his 21 petition. ECF No. 9. “A habeas petition ‘may be amended or supplemented as provided in the 22 rules of procedure applicable to civil actions.’” Alfaro v. Johnson, 862 F.3d 1176, 1183 (9th Cir. 23 2017) (quoting 28 U.S.C. § 2242). Because this is petitioner’s first motion to amend and we grant 24 leave to amend once as a matter of course, we grant petitioner’s motion. See Fed. R. Civ. P. 25 15(a)(1); ECF No. 9. Petitioner will have thirty days to submit a first amended petition. 26 The amended petition will supersede the original petition, Lacey v. Maricopa County, 693 27 F. 3d 896, 907 n.1 (9th Cir. 2012) (en banc), and so the amended petition must be complete on its 28 1 | face without reference to the prior, superseded petition, see E.D. Cal. Local Rule 220. Petitioner 2 | may not change the nature of his petition by adding new, unrelated claims. See George v. Smith, 3 | 507 F.3d 605, 607 (7th Cir. 2007). Once an amended petition is filed, the original petition no 4 | longer serves any function. Therefore, in an amended petition, as in an original petition, 5 | petitioner must assert each claim in sufficient detail. The amended petition should be titled “First 6 | Amended Petition” and refer to the appropriate case number. 7 | Order 8 Accordingly, 9 1. petitioner’s motion to amend the petition, ECF No. 9, is granted; 10 2. petitioner shall have thirty days to file a first amended petition; and 11 3. the clerk is directed to send petitioner a blank habeas corpus petition form. 12 3 IT IS SO ORDERED. vy, \ prssanp Rae — Dated: _ February 9, 2020 15 UNIT#D STATES MAGISTRATE JUDGE 16 17 18 | No. 206. 19 20 21 22 23 24 25 26 27 28