UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

DARRELL MANN,

Petitioner, 

Case No. 2:14-cv-12828 

v.

HONORABLE STEPHEN J. MURPHY, III

BONITA HOFFNER,

Respondent,

___________________________________/

OPINION AND ORDER GRANTING MOTION TO 

REOPEN HABEAS PETITION [15], GRANTING MOTION TO AMEND 

PETITION FOR WRIT OF HABEAS CORPUS [15], AND AMENDING CAPTION

On April 17, 2015, Judge Patrick J. Duggan entered an opinion and order granting

Petitioner Mann's motion to hold his habeas petition in abeyance to allow Petitioner to

return to the state courts to exhaust additional claims that he had failed to exhaust in the

state court prior to filing his habeas petition. Order, ECF No. 12. The court also

administratively closed the case. Petitioner has now filed a motion to reopen his petition for

writ of habeas corpus following the exhaustion of his claims in state courts. Petitioner has

also filed a motion to amend his habeas petition. ECF No. 15. For the reasons below, the

Court will grant Petitioner's motion.

Federal courts have the power to order that a habeas petition be reinstated upon timely

request by a habeas petitioner, following the exhaustion of state court remedies. See, e.g.,

Rodriguez v. Jones, 625 F. Supp. 2d 552, 559 (E.D. Mich. 2009). Petitioner Mann's claims

have been exhausted with the state courts; his petition is now ripe for consideration. 

Accordingly, the Court will order that the original habeas petition be reopened. 

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Also, the Court will order that the caption in this case be amended to reflect that the

proper respondent in this case is now Bonita Hoffner, the warden of the prison where

petitioner is currently incarcerated. See Edwards Johns, 450 F. Supp. 2d 755, 757 (E.D.

Mich. 2006) (holding that a habeas petition must name the appropriate state official as the

respondent); see also Rule 2(a), Rules Governing § 2254 Cases in United States District

Courts, 28 foll. U.S.C. § 2254.

Additionally, the Court will grant Petitioner's motion to amend his habeas petition. 

"Notice and substantial prejudice to the opposing party" are the critical factors in

determining whether an amendment to a habeas petition should be granted. Coe v. Bell,

161 F.3d 320, 341–42 (6th Cir. 1998). Here, there is no indication that allowing the

amendment would cause prejudice to Respondent or delay to the Court; nor is there

evidence of bad faith on Petitioner's part in bringing the motion. See Gillette v. Tansy, 17

F.3d 308, 313 (10th Cir. 1994). 

The Clerk of the Court shall serve a copy of the amended petition for writ of habeas

corpus and a copy of this Order on Respondent and on the Attorney General for the State

of Michigan by first class mail as provided in Rule 4 of the Rules Governing § 2254 Cases.

See Coffee v. Harry, No. 04-71209, 2005 WL 1861943, *2 (E.D. Mich. Aug. 2, 2005). The

Respondent shall file a supplemental answer addressing the claims raised by Petitioner in

his amended petition, within one hundred and eighty days of the Court's order. See Erwin

v. Elo, 130 F. Supp. 2d 887, 891 (E.D. Mich. 2001); 28 U.S.C. § 2243. Respondent is also

ordered to provide this Court with any additional Rule 5 materials that have not already

been provided to the Court at the time that it files its supplemental answer. See Griffin v.

Rogers, 308 F.3d 647, 653 (6th Cir. 2002); Rules Governing § 2254 Cases, Rule 5, 28

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U.S.C. foll. § 2254. 

Petitioner shall have forty-five days from the receipt of the answer to file a reply brief,

if he so chooses. See Rule 5(e) of the Rules Governing § 2254 Cases, 28 U.S.C. foll. §

2254.

ORDER

WHEREFORE it is hereby ORDERED that:

(1) The motion to reopen the petition for writ of habeas corpus [15] is GRANTED.

The Clerk of the Court shall reopen the habeas petition to the Court's active

docket.

(2) The caption of the case is AMENDED.

(3) The motion to amend the petition for writ of habeas corpus [15] is GRANTED.

(4) The Clerk of the Court shall SERVE a copy of the amended petition for writ of

habeas corpus [15] and a copy of this Order on Respondent and the Attorney

General by first class mail.

(5) Respondent shall FILE a supplemental answer and any additional Rule 5

materials within one hundred and eighty (180) days of the date of this Order or

show cause why they are unable to comply with the order.

(6) Petitioner shall have forty-five days from the date that he receives the answer

to file a reply brief.

SO ORDERED.

s/Stephen J. Murphy, III 

STEPHEN J. MURPHY, III

United States District Judge

Dated: January 26, 2017

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CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing document was served upon the parties and/or

counsel of record on January 26, 2017, by electronic and/or ordinary mail.

s/David P. Parker

Case Manager (313) 234-2680

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