Goyos v. USA

Filing 15

ORDER denying 13 Motion Expand Record. Signed by Judge David R. Herndon on 6/21/2016. (dsw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JOSE MANUEL GOYOS, Jr.,
Petitioner,
v.

No. 15-cv-00524-DRH

UNITED STATES OF AMERICA,
Respondent.
ORDER
HERNDON, District Judge:
This matter is before the Court on petitioner’s Motion to Expand the
Record (Doc. 13). Petitioner’s case is presently on appeal. Without citing to any
authority, the petitioner asks the Court to “Expand the Record relative to his
application for the issuance of a Certificate of Appealability by including the letter,
statesments of Certified Public Accountant Lori Anderson and the affidavits of
Carmen Goyos.” (Doc. 13). The referenced documents were not part of the district
court proceedings.
The Court interprets petitioner’s motion as a motion to supplement the
record on appeal in accord with Federal Rule of Appellate Procedure 10(e) and
Seventh Circuit Rule 10(b). The Court finds that, under the circumstances present
here, supplementation is not permitted.

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Generally, modification of a record on appeal is not permitted. “The
appellate stage of the litigation process is not the place to introduce new
evidentiary materials.” Berwick Grain Co. v. Illinois Dep't of Ag., 116 F.3d 231,
234 (7th Cir. 1997). See also McClendon v. Indiana Sugars, Inc., 108 F.3d 789,
795 (7th Cir. 1997) (“Evidence that was not proffered to the district court in
accordance with its local rules is not part of the appellate record; it has no place
in an appellate brief.”).
Rule 10(e) is a limited exception to the general rule forbidding modification
of the record on appeal and allows modification where the record contains an
omission or misstatement of the true occurrences in the district court. Fed.
R.App. P. 10(e). However, where the record accurately reflects district court
proceedings, Rule 10(e) is not applicable. See United States v. Alcantar, 83 F.3d
185, 191 (7th Cir. 1996) (“The materials [the 2255 petitioner] seeks to add to the
record were never before the district court, and they cannot therefore be added to
the record on appeal pursuant to Fed. R.App. P. 10(e).”).
Here, there is no omission or misstatement of true occurrences in the
district court. The records petitioner seeks to include in the record were never
before the district court. Accordingly, supplementation is not permitted. The
motion to supplement is DENIED.
IT IS SO ORDERED.
Signed this 21st day of June, 2015.

Digitally signed by
Judge David R.
Herndon
Date: 2016.06.21
11:44:39 -05'00'
United States District Judge

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