UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

MICHAEL D. VANCE,

Petitioner,

CASE NO. 2:09-CV-11368

v. HONORABLE GEORGE CARAM STEEH

UNITED STATES DISTRICT JUDGE

PAUL KLEE,

Respondent.

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OPINION AND ORDER: (1) GRANTING THE MOTION TO AMEND

THE PETITION FOR WRIT OF HABEAS CORPUS, (2) ORDERING

THAT THE AMENDED PETITION (Dkt. # 40) BE SERVED UPON

THE RESPONDENT AND THE MICHIGAN ATTORNEY GENERAL,

AND (3) DIRECTING RESPONDENT TO FILE AN ANSWER TO THE

AMENDED PETITION AND ANY ADDITIONAL RULE 5 MATERIALS

Michael David Vance, (“Petitioner”), confined at the Gus Harrison

Correctional Facility in Adrian, Michigan, filed a pro se petition for writ of habeas

corpus pursuant to 28 U.S.C. § 2254, challenging his conviction for seven counts

of first-degree criminal sexual conduct and three counts of second-degree

criminal sexual conduct. 

On October 13, 2016, the Court granted petitioner an extension of time to

file an amended habeas petition. Petitioner has now filed an amended petition for

writ of habeas corpus, which is construed as a motion to amend the petition for

writ of habeas corpus.

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The Court grants the 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, 341-342 (6th Cir. 1998). The Court permits petitioner to amend his

petition, because there is no indication that allowing the amendment would cause

any delay to this Court nor is there any evidence of bad faith on petitioner’s part

in bringing the motion to amend or prejudice to Respondent if the motion is

granted. 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 [Dkt. # 40] 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, Rule 4. See Coffee v. Harry, No.

04-71209; 2005 WL 1861943, * 2 (E.D. Mich. Aug. 2, 2005). The Respondent

shall file an answer to the amended habeas 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 filed with

the Court at the time that it files its answer. See Griffin v. Rogers, 308 F. 3d 647,

653 (6th Cir. 2002); Rules Governing § 2254 Cases, Rule 5, 28 U.S.C. foll. §

2254. Petitioner shall have forty five days from the receipt of the answer to file a

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reply brief, if he so chooses. See Rule 5(e) of the Rules Governing § 2254 Cases,

28 U.S.C. foll. § 2254. 

ORDER

IT IS ORDERED THAT:

(1) the motion to amend the petition for writ of habeas corpus is

GRANTED.

(4) the Clerk of the Court shall serve copy of the amended petition for

writ of habeas corpus [Dkt. # 40] and a copy of this Order on

Respondent and the Attorney General by first class mail.

(5) Respondent shall file an answer to the amended petition and

produce any additional Rule 5 materials that have not already been

filed with the Court 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.

Dated: January 30, 2017

s/George Caram Steeh

GEORGE CARAM STEEH

UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE

Copies of this Order were served upon attorneys of record on

January 30, 2017, by electronic and/or ordinary mail and also

on Michael Vance #501288, Gus Harrison Correctional

Facility, 2727 E. Beecher Street, Adrian, MI 49221.

s/Barbara Radke

Deputy Clerk

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