ROBINSON v. MCNEIL

Filing 29

ORDER granting 24 MOTION for Extension of Time to File Response/Reply as to 22 Response to Habeas Petition filed by VERDELL ROBINSON, ( (Internal deadline for referral to judge if reply/response not filed earlier: 6/4/2010).). Signed by SENIOR JUDGE MAURICE M PAUL on 4/23/10. (bkp)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION VERDELL ROBINSON, Petitioner, v. WALTER MCNEIL, Respondent. _____________________________/ ORDER This matter is before the Court on Doc. 24, Petitioner's request for production of exhibits and for an extension of time to reply to the Response. Petitioner contends that the Respondent served an index of the exhibits with the copy of the Response served on Petitioner, but failed to serve the actual exhibits. The Respondent opposes the motion for production of exhibits, arguing, inter alia, that Petitioner has failed to identify any parts of the state court record that are not already in his possession. Doc. 26. Petitioner has filed a reply to the response, identifying the specific pages of the record that he needs, numbering approximately 23 pages in total. Doc. 27. Pursuant to 28 U.S.C. § 2250, habeas petitioners who have been granted leave to proceed in forma pauperis are entitled to receive copies of the record on file with the Court at no cost. In this case, however, Petitioner has not been granted leave to proceed as a pauper. Therefore, in order to receive copies of the record on file with the Court, Petitioner will be required to pay the Clerk's photocopying charge of .50 cents per page. Petitioner may submit a request for photocopies to the Clerk, indicating the specific pages required, together with a check or money CASE NO. 4:09-cv-00357-MP-AK

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order payable to the Clerk, United States District Court, in the correct amount. Petitioner should note the case number on the check. Accordingly, it is ORDERED AND ADJUDGED: 1. Petitioner's request for production of exhibits is GRANTED only to the extent that Petitioner may submit a request for photocopies to the Clerk, accompanied by the appropriate fee. 2. Petitioner's motion for an extension of time is GRANTED. In order to allow sufficient time for photocopying, Petitioner shall have until June 4, 2010, to file any reply. DONE AND ORDERED this 23rd day of April, 2010

s/Maurice M. Paul
Maurice M. Paul, Senior District Judge

Case No: 4:09-cv-00357-MP-AK