Sanders v. Folk
- Susan Illston
- 3:18-cv-01558
- U.S. District Court · Northern District of California
- 2
In Sanders v. Folk, Judge Illston denied Sanders’s motion to amend his petition because he did not attach the proposed pleading.
Ricky Rene Sanders’s request to amend his petition was denied; the order also set filing deadlines for Sanders and Fred Folk.
What happened
In Sanders v. Folk, Ricky Rene Sanders asked to amend his amended petition for habeas relief. He said he wanted to add context and legal authority to claims already in the petition.
Sanders did not attach the proposed second amended petition, even though the court had previously told him to include one with any amendment request. The court also noted that it had already found claims eligible for review and that Sanders could make his legal arguments in a later filing.
Judge Susan Illston denied the motion to amend. She also set new deadlines: Fred Folk had to file an answer or motion to dismiss by October 25, 2019, and Sanders had to file the appropriate response by November 22, 2019.
The detailed version
- Sanders v. Folk · No. 3:18-cv-01558
- Susan Illston
- Oct. 3, 2019
Background
Ricky Rene Sanders, the petitioner, moved for permission to amend his amended petition for habeas relief. He said the amendment would provide “additional context and authority” for claims already presented. He did not attach a proposed second amended petition.
Reasoning
Federal Rule of Civil Procedure 15(a) generally provides that permission to amend a pleading should be freely given when justice requires it. But the court stated that it could not decide whether amendment was appropriate without seeing the proposed pleading. The court also noted that it had specifically instructed Sanders in a May 20, 2019 order to include a proposed second amended petition with any motion to amend.
The court further explained that it had already found claims for relief that could proceed. Because Sanders said he was not seeking to add claims, but only to provide additional context and authority, the court stated that another amendment did not appear necessary. Sanders could make his legal arguments about the existing claims in his later filing.
Order
Judge Susan Illston denied Sanders’s motion for leave to file a second amended petition because he failed to attach the proposed pleading. The court also set a new briefing schedule. Fred Folk had to file and serve an answer to the amended petition or a motion to dismiss by October 25, 2019. If Folk filed an answer, Sanders had to file and serve a traverse by November 22, 2019; if Folk filed a motion to dismiss, Sanders had to file and serve an opposition by that date.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.