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Littlejohn v. Artuz

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Submitted: November 7, 2000

Petitioner Billy Ray Littlejohn moves for a certificate of appealability (“COA”), appointment of counsel, and in forma pauperis status in his appeal from a judgment of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) denying his 28 U.S.C. � 2254 petition. For the reasons stated herein, we grant Mr. Littlejohn’s motion for a COA for the limited purpose of remanding the case to the District Court so that it may assess Mr. Littlejohn’s motion to amend his habeas petition under the standards of Federal Rule of Civil Procedure 15(a). Mr. Littlejohn’s motion for in forma pauperis status is granted and his motion for appointment of counsel is denied.

Petitioner Billy Ray Littlejohn moves for a certificate of appealability (“COA”), appointment of counsel, and in forma pauperis status in his appeal from a judgment of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) denying his petition pursuant to 28 U.S.C. � 2254. We grant Mr. Littlejohn’s motion for a COA solely on the District Court’s denial of leave to amend his petition, vacate the District Court’s judgment, and remand the case so that the District Court may assess Mr. Littlejohn’s motion to amend his habeas petition under the standards of Federal Rule of Civil Procedure 15(a).

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