Miranda
Miranda v. Horel
Opinion
Opinion
Chapman, J.
PROCEEDINGS: (IN CHAMBERS) ORDER DENYING PETITIONER’S MOTION TO AMEND PETITION
On February 27, 2008, petitioner Jerry Martin Miranda filed a motion to amend his habeas corpus petition under 28 U.S.C. § 2254 to add a new claim under Faretta v. California, 422 U.S. 806 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975), and on March 6, 2008, respondent filed an opposition to the motion to amend. On April 10, 2008, petitioner filed his reply.
DISCUSSION
The petitioner seeks to amend his habeas corpus petition to add a new Faretta claim under Rule 15(a) of the Federal Rules of Civil Procedure, which applies to habeas corpus petitions, as well as other pleadings. Mayle v. Felix, 545 U.S. 644, 655 , 125 S.Ct. 2562, 2569 , 162 L.Ed.2d 582 (2005); see also In re Morris, 868 F.3d 891, 893 (9th Cir.2004) (‘“Rule 15(a) applies to habeas corpus actions with the same force that it applies to garden-variety civil cases.’ ” (citations omitted)). Rule 15(a) provides that after an answer is filed, “[a] party may amend its pleading only with the opposing party’s consent or the court’s leave.... ” Fed.R.Civ.P. 15(a). The respondent opposes the amendment, and the Court declines to grant petitioner leave to…