(HC) Petersen v. Kern County District Attorney

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KYLE PETERSEN, Case No. 1:19-cv-00975-JDP Petitioner, ORDER GRANTING PETITIONER’S

MOTION TO AMEND PETITION

v. ECF No. 9 KERN COUNTY DISTRICT

ATTORNEY,

15 Respondent.

17 18 Petitioner Kyle Petersen, a state prisoner without counsel, petitioned for a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. Before the court is petitioner’s motion to amend his petition. ECF No. 9. “A habeas petition ‘may be amended or supplemented as provided in the rules of procedure applicable to civil actions.’” Alfaro v. Johnson, 862 F.3d 1176, 1183 (9th Cir. 2017) (quoting 28 U.S.C. § 2242). Because this is petitioner’s first motion to amend and we grant leave to amend once as a matter of course, we grant petitioner’s motion. See Fed. R. Civ. P. 15(a)(1); ECF No. 9. Petitioner will have thirty days to submit a first amended petition. The amended petition will supersede the original petition, Lacey v. Maricopa County, 693 F. 3d 896, 907 n.1 (9th Cir.…