(HC) Brown v. Northern Kern State Prison

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA KENYON DERRAL BROWN, Case No. 1:21-cv-01061-DAD-HBK (HC) 12 Petitioner, ORDER STRIKING PETITIONER’S MOTION TO SUPPLEMENT PETITION 13 v. (Doc. No. 26) NORTHERN KERN STATE PRISON, DIRECTOR OF CDCR, Respondent.

18 Petitioner Kenyon Derral Brown, a state prisoner proceeding pro se, has pending a petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1). Respondent filed a motion to dismiss the petition on September 1, 2021. (Doc. No. 17). Petitioner responded in opposition on September 16, 2021; and the court granted his motion to supplement his opposition to the motion to dismiss on January 10, 2022. (Doc Nos. 18, 22, 25). On January 7, 2022, Petitioner filed a “Motion to Supplement Conditions of Confinement,” now pending before the Court. (Doc. No. 26).

25 The Supreme Court has instructed the federal courts to liberally construe the “inartful pleading[s]” of pro se litigants. See Boag v. MacDougall, 454 U.S. 364, 365 (1982). However, despite entitling the document at issue a motion to “supplement,” the pleading can only be | construed as a stand-alone amended petition for writ of habeas corpus.! Under the circumstances | presented here, Rule 15(a) allows Petitioner to amend his petition once “as a matter of course” up || to 21 days after Respondent’s Motion to Dismiss. Fed. R. Civ. P. 15(a). Here, more than three | months have passed since Respondent filed the Motion to Dismiss; thus, Petitioner was required | to obtain leave from the Court or the opposing party’s written consent before filing an amended | petition pursuant to FRCP 15(a). Because Petitioner failed to obtain leave from the Court or | obtain consent from Respondent, the Court will order Petitioner’s “Motion to Supplement | Conditions of Confinement” stricken from the record.

9 This action continues to proceed on Petitioner’s initial petition. Petitioner is advised that | he may file a motion for leave to file an amended petition pursuant to FRCP Rule 15(a). Should | Petitioner seek leave to amend his petition, he is also advised that the amended petition will | supersede the original petition and become the operative pleading. See Lacey v. Maricopa | County, 693 F.3d. 896, 907 n.1 (9th Cir. 2012) (en banc). It must be complete without reference | to the prior petition or any superseded pleading, and must include all grounds for relief and | supporting facts. See also Local Rule 220. The Court does not accept piecemeal pleadings.

16 Accordingly, it is ORDERED: 17 The Clerk of Court shall strike Petitioner’s “Motion to Supplement Conditions of | Confinement” (Doc. No. 26) from the record.

70 | Dated: _ May 2, 2022 law Nh. fareh Base □□□ 1 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE ——— ' Notably if the Court accepted the pleading as an amended pleading it did not include all grounds | raised in the initial petition.