Does a motion to amend a habeas petition need to be heard before the next hearing?
MultiRegion, United States of America
The following excerpt is from Bermudez v. Smith, 797 F.2d 108 (2nd Cir. 1986):
United States ex rel. Headley v. Mancusi, 415 F.2d 277 (2d Cir.1969), cert. denied, 399 U.S. 932, 90 S.Ct. 2265, 26 L.Ed.2d 802 (1970), does not require a different result. In that case, this court affirmed the district court's denial of a motion to amend a habeas petition. The court there held that it could entertain the appeal, even though other claims remained before the district court. It stated,
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