United States District Court, W.D. Pennsylvania
May 20, 2014
DAVALIN CHARLES BENNETT, Petitioner,
STEPHEN A. GLUNT; CATHLEEN CANE, The Attorney General of the State of Pennsylvania, Respondents.
ORDER Re: ECF No. 16
MAUREEN P. KELLY, Magistrate Judge.
Devalin Charles Bennett ("Petitioner") has filed a "Motion for Leave to Supplement 28 U.S.C.A. § 2254-State" (the "Motion"). In the Motion, Petitioner states that "[w]ithin the last ten days, the petitioner has learned through an investigative research[er] acting on the petitioner's behalf that additional evidentiary support may exist in support of issues raised in the petitioner's habeas Corpus Petition and that misconduct during the prosecution of the petitioner may have occurred, raising issues other than those presently raised in the petitioner's Habeas Corpus filing yet still squarely' fits within the range of his 6th Amendment violation claim." ECF No. 16 at 1, ¶ 1. Petitioner then seeks "leave to supplement his Habeas Corpus petition... for the petitioner to sufficiently and fully assert all the grounds upon which his Habeas Corpus petition should be granted." Id., at 2, ¶ 3.
We deem Petitioner's Motion to constitute a Motion for Leave to File an Amended Habeas Corpus Petition. Deemed as such, the Motion is hereby DENIED, albeit without prejudice to Petitioner re-filing the Motion for Leave to File an Amended Habeas Petition and attaching thereto, a proposed Amended Habeas Petition, in order for the court to be able to evaluate whether leave to file an Amended Habeas Petition should be granted or not. See, e.g., Borrero v. Glunt, Civ.A.No. 12-153J, 2012 WL 6045225, at *1(W.D.Pa., Dec. 5, 2012) ("Plaintiff filed a Motion To Amend/Correct the Complaint, ECF No. 9, which was denied without prejudice to him filing a second motion for leave to amend but with the proposed amended complaint attached thereto.").
Accordingly, the Motion is hereby DENIED without prejudice to Petitioner filing his Motion for Leave to File An Amended Habeas Petition with the proposed Amended Habeas Petition attached as an exhibit to the Motion. Petitioner must file the new Motion for Leave to File an Amended Habeas Petition with the proposed Amended Habeas Petition attached no later than June 15, 2014. Failure to do so, will result in the currently pending habeas Petition being deemed the operative Petition and Petitioner being deemed to have withdrawn the request to amend.