United States v. Wilson

Full title: UNITED STATES OF AMERICA, Plaintiff-Respondent, v. LANCE AARON WILSON…

Court: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Date published: Oct 22, 2018

1:15-cr-00046-LJO-SKO-4 (E.D. Cal. Oct. 22, 2018)

Opinion

1:15-cr-00046-LJO-SKO-4

10-22-2018

UNITED STATES OF AMERICA, Plaintiff-Respondent, v. LANCE AARON WILSON, Defendant-Petitioner.

Lawrence J. O'Neill UNITED STATES CHIEF DISTRICT JUDGE

MEMORANDUM DECISION AND ORDER RE REQUEST TO SUPPLEMENT BRIEFING; ORDER SETTING AMENDED BRIEFING SCHEDULE RE MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE PURSUANT TO 28 U.S.C. § 2255 (ECF Nos. 161, 162)

The Court has received Petitioner's pro se request to supplement his motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255, his motion for a new scheduling order, and his additional supplemental brief. ECF Nos. 161-63. The Court construes the supplemental briefs as an amended petition, pursuant to Federal Rule of Civil Procedure 15. See 28 U.S.C. § 2242 (An "[a]pplication for a writ of habeas corpus . . . may be amended or supplemented as provided in the rules of procedure applicable to civil actions."); In re Morris, 363 F.3d 891, 893 (9th Cir. 2004) ("This circuit and others have noted that 'Rule 15(a) applies to habeas corpus actions with the same force that it applies to garden-variety civil cases.'"); Anthony v. Cambra, 236 F.3d 568, 57-78 (9th Cir. 2000) (rejecting the argument that Rule 15 is inapplicable to federal habeas petitions). Under Federal Rule of Civil Procedure 15(a), a petitioner seeking collateral relief may amend his pleadings once as a matter of course before a responsive pleading is served, but any further amendment requires leave of court. Fed. R. Civ. P. 15(a)(2). The Court notes that no further amendment will be permitted unless Petitioner first seeks permission from the Court.

In light of the filing of an amended petition, the Court grants Petitioner's request for a new briefing schedule.

Accordingly, IT IS HEREBY ORDERED that:

1. Petitioner's request to file a supplemental brief (ECF No. 161) is GRANTED;

2. Petitioner's motion for a new scheduling order (ECF No. 162) is GRANTED;

3. The Government's opposition to Petitioner's motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255 (ECF No. 156) is due by Tuesday, December 18, 2018. Petitioner's reply in support of his motion is due Friday, February 15, 2019.

IT IS SO ORDERED.

Dated: October 22 , 2018

/s/ Lawrence J. O'Neill

UNITED STATES CHIEF DISTRICT JUDGE