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Rojas v. United States

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


December 3, 2007

ROJAS, PETITIONER,
v.
UNITED STATES, RESPONDENT.

The opinion of the court was delivered by: Hochberg, District Judge

OPINION and ORDER

This matter having come before the Court upon Petitioner's Rojas's Motion for Leave to Amend and/or Supplement Motion to Vacate Conviction and Sentence (DKT#3) and the Court having considered the arguments on the papers pursuant to Federal Rule of Civil Procedure 78; and it appearing that 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." 28 U.S.C. § 2242; and

it appearing that Federal Rule of Civil Procedure 15 states that "[a] party may amend the party's pleading once as a matter of course at any time before a responsive pleading is served or . . . ." Fed. R. Civ. P. 15; and

it appearing that no responsive pleading had yet been served when, on July 30, 2007, Petitioner filed his motion to amend or supplement his original motion; and

it appearing that Petitioner Rojas's motion was returnable on September 10, 2007 and that Respondent has failed to oppose or reply to Petitioner's motion; and

it appearing that Petitioner Rojas's motion for leave to amend his original motion contains the substance of his new arguments;

ACCORDINGLY IT IS on this 3rd day of December, 2007, thereby

ORDERED that Petitioner's motion for leave to amend his 28 U.S.C. § 2255 motion is GRANTED; and it is further

ORDERED that Petitioner's motion for leave to amend shall be deemed part of Petitioner's initial 28 U.S.C. § 2255 complaint and the arguments contained in Petitioner's motion for leave to amend shall be considered together with those in his initial § 2255 motion, such that Petitioner need not file an additional amended motion; and it is further

ORDERED that Respondent may, if it wishes, submit a response to the arguments in Petitioner's motion for leave to amend by Monday, December 24th, 2007; and it is further

ORDERED that Petitioner may, if he wishes, file a reply to Respondent's arguments*fn1 by Friday, January 11, 2008.

HON. FAITH S. HOCHBERG, U.S.D.J.


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