Wilson v. Bureau of Prisons

Background

Javece Wilson, who was incarcerated and representing himself, filed a motion to amend his petition for a writ of habeas corpus. He sought to add five pages of factual allegations, arguments, case law, and other legal authority. He later filed a letter seeking to add allegations that he had tuberculosis during the relevant period and a citation concerning whether a person with tuberculosis is a handicapped individual under Section 504.

Analysis

The court explained that habeas petitions may be amended under the applicable civil-procedure rules. Because Wilson filed his motion within 21 days after filing his original petition, he could amend the petition as a matter of course without permission from the respondents or the court.

The court treated Wilson’s later letter as a request for permission to amend because it was filed after the 21-day period. Leave to amend may be denied for reasons such as undue delay, bad faith, an ineffective amendment, or unfair prejudice. The court found the proposed amendment relevant to Wilson’s apparent allegations of unequal treatment based on disability and determined that it would not cause undue delay or prejudice to the respondents.

The court also addressed a local rule requiring an amended pleading to be complete in itself. Because Wilson sought only to add material and was incarcerated and representing himself, the court did not require him to file a new petition. Instead, it would consider the original petition, the motion to amend, and the letter together in the report and recommendation accompanying the order.

Disposition

The court granted Wilson’s motion to amend and granted his request in the later letter to further amend the petition. The court did not require a new petition. To the extent Wilson’s reply also requested appointed counsel, the court denied that request. The order did not resolve the merits of the habeas petition.