Olson v. Perkins

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE SOREN RICHARD OLSEN, III, 9 Petitioner, Case No. 25-638-KKE-MLP 10 v. MINUTE ORDER JEFFREY PERKINS, 12 Respondent.

14 The following Minute Order is made at the direction of the Court, the Hon. Michelle L.

15 Peterson, United States Magistrate Judge: 16 This is a federal habeas action filed under 28 U.S.C. § 2254. This matter comes before the Court on Petitioner’s Motion to Amend (dkt. # 9). As this Court previously explained (dkt.

18 # 8), Petitioner need not apply for permission to file a first amended petition, he may do so as a matter of right. Federal Rule of Civil Procedure 15(a) permits a civil litigant to “amend the party’s pleading once as a matter of course at any time before a responsive pleading is served,” and Rule 15 applies to habeas petitions “with the same force that it applies to all garden-variety civil cases.” Calderon v. United States Dist. Ct., 134 F.3d 981, 986 n. 6 (9th Cir. 1998); see also Keating v. Hood, 191 F.3d 1053, 1067 (9th Cir. 1998) (applying Rule 15(a) to § 2254 habeas petitions). As Respondent has yet to file a responsive pleading, i.e., an answer, Petitioner may file an amended pleading as a matter of right, and does not need the Court’s permission to do so. The Court also notes that shortly after seeking leave to amend (dkt. # 9), Petitioner properly filed an Amended Petition (dkt. # 10). Accordingly, Petitioner’s Motion to Amend (dkt. # 9) is STRICKEN as moot.

6 The Clerk is directed to send copies of this order to the parties and to the honorable Kymberly K. Evanson.

8 Dated this 22nd day of May, 2025.

9 Ravi Subramanian Clerk of Court By: Tim Farrell 11 Deputy Clerk