Opinion

Brown v. Parish

Court
District Court, E.D. Michigan
Filed
Dec 8, 2021
Cited by
0 cases
Authority
More cited than 23.5%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

JAMES CORNELIUS BROWN,

Petitioner, Case No. 19-cv-10975

Hon. Matthew F. Leitman

v.

MICHAEL BURGESS,1

Respondent.

__________________________________________________________________/

ORDER GRANTING PETITIONER’S MOTION TO AMEND (ECF No. 17)

Petitioner James Cornelius Brown is a state inmate in the custody of the

Michigan Department of Corrections. In 2014, a jury in the Wayne County Circuit

Court convicted Brown of four counts of first-degree murder; four counts of

disinterment, mutilation, defacement, or carrying away of a human body; and two

counts of arson. He is presently serving four terms of life without parole at the Oaks

Correctional Facility in Manistee, Michigan.

On April 1, 2019, Brown filed a pro se petition for a writ of habeas corpus in

this Court pursuant to 28 U.S.C. § 2254. (See Pet., ECF No. 1.) In the petition,

1 The Court hereby amends the case caption to reflect the proper Respondent,

Petitioner’s current custodian, Michael Burgess. See Edwards v. Johns, 450

F.Supp.2d 755, 757 (E.D. Mich. 2006). See also Rules Governing § 2254 Case, Rule

2(a), 28 U.S.C. foll. § 2254.

Brown seeks relief from his state-court convictions. (See id.) Respondent filed an

answer to the petition on October 8, 2019. (See Ans., ECF No. 9.)

On July 28, 2021, Brown filed a motion to amend the Memorandum of Law

that he submitted with the petition. (See Mot., ECF No. 17.) In the motion, Brown

explains that he is neither raising a new ground for relief nor expanding the factual

record. (See id., PageID.3932.) Instead, Brown says that he “seeks solely to

strengthen the Harmless Error Standard” portion of his legal argument. (Id.)

The Federal Rules of Civil Procedure apply to federal habeas proceedings as

long as they are not “inconsistent with any statutory provisions or [the habeas]

rules.’” Mayle v. Felix, 545 U.S. 644, 654 (2005) (citing Rule 11, Rules Governing

Section 2254 Cases in the United States District Courts). Rule 15, which governs

motions to amend, permits a habeas petitioner to amend pleadings by leave “any

time during a proceeding.” Id. (citing Fed. R. Civ. P. 15(a)). Rule 15 further instructs

that “[t]he court should freely give leave when justice so requires.” Fed. R. Civ. P.

15(a)(2). The “liberal policy” of Rule 15(a) is meant “to ensure the determination of

claims on their merits.” Id. (citing Marks v. Shell Oil Co., 830 F.2d 68, 69 (6th Cir.

1987)).

After considering the relevant factors, the Court concludes that the appropriate

course of action is to allow Brown to file his proposed amended memorandum

without passing any judgment on the merits of the legal arguments included in that

memorandum. Brown’s motion to amend the Memorandum of Law submitted with

his petition for a writ of habeas corpus (ECF No. 17) is therefore GRANTED.

Respondent may raise any and all arguments in response to Brown’s amended

memorandum (including but not limited to the argument that Brown’s new legal

arguments are time barred) in a supplemental answer to the petition. If Respondent

wishes to file such a supplemental answer, he shall do so by no later than February

7, 2022.

IT IS SO ORDERED.

s/Matthew F. Leitman

MATTHEW F. LEITMAN

UNITED STATES DISTRICT JUDGE

Dated: December 8, 2021

I hereby certify that a copy of the foregoing document was served upon the

parties and/or counsel of record on December 8, 2021, by electronic means and/or

ordinary mail.

s/Holly A. Monda

Case Manager

(810) 341-9761

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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