United States Fifth Circuit

Because habeas applications may be amended per the rules of civil procedure, and courts are authorized to apply the FRCP when appropriate, the district court abused its discretion by denying, as time-barred, defendant's motion to amend his motion rather than deciding whether, pursuant to FRCP 15, to allow the amendment.

Appellate Information

• Decided 02/11/2002
• Published 02/11/2002

Judges

• RHESA HAWKINS BARKSDALE, Circuit Judge:, Before DUHÉ, BARKSDALE and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Christy Lee Drake, Asst. U.S. Atty., Amarillo, TX, for Plaintiff-Appellee., Jon Karl Schmid, of counsel to Rodriguez, Colvin & Chaney, Brownsville, TX, for Defendant-Appellant.