Sanders
Sanders v. Folk
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RICKY RENE SANDERS, Case No. 18-cv-01558-SI
Petitioner,
ORDER DENYING MOTION TO
v. AMEND HABEAS PETITION
FRED FOLK, Re: Dkt. No. 31 Respondent.
12 Petitioner has filed a motion for leave to amend his amended petition for writ of habeas corpus. Docket No. 31. He states that he wants “to provide additional context and authority to his existing claims.” Id. at 4. He does not attach a proposed second amended petition to his motion. Federal Rule of Civil Procedure 15(a) provides that leave to amend should be freely given when justice so requires, but the court cannot make that determination without seeing the proposed new pleading. See Lake v. Arnold, 232 F.3d 360, 374 (3d Cir. 2000) (“Obviously, without this draft complaint, the District Court cannot evaluate the merits of a plaintiff’s request . . . [T]he court had nothing upon which to exercise its discretion.”) The motion for leave to file a second…