Weidenburner v. USA

Filing 18

MEMORANDUM AND ORDER, The Court is DEFERRING in part Petitioner's Motion (Doc. 6 ) to Expand the Record. Petitioner's Motion to Expand with regard to Exhibit E is GRANTED. Petitioner's Motion (Doc. 11 ) to Expand is GRANTED with the understanding that Exhibits H and J are incomplete. Petitioner's Motion (Doc. 12 ) to Expand is a duplicate to Petitioner's Motion (Doc. 11 ) and is STRICKEN. Petitioner's final Motion (Doc. 13 ) to Expand is GRANTED. The Government is DIRECTED to respond to Petitioner' § 2255 (Doc. 1) on orbefore February 27, 2017. Signed by Judge J. Phil Gilbert on 12/20/2016. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DONALD L. WEIDENBURNER,
Petitioner,
vs.

Case No. 15-cv-00762-JPG

UNITED STATES OF AMERICA,
Respondent.
MEMORANDUM AND ORDER
This matter comes before the Court on petitioner Donald L. Weidenburner’s Motions
(Docs. 6, 11, 12, & 13) to Expand the Record. As required by Rule 7(c) of the Rules Governing
Section 2255 Proceedings, the Government has filed a Response (Doc. 17) indicating whether it
admits or denies the correctness of the Petitioner’s additional materials.
Petitioner’s first motion to expand (Doc. 6) fails to attach Exhibits A - D, but states that
documents can be located in his criminal matter (02-cr-40053-JPG-SDIL). However, there are
over 800 docket entries and the petitioner does not provide the docket number where the
requested material can be located. Therefore, the Court is DEFERRING in part Petitioner’s
Motion (Doc. 6) to Expand the Record and DIRECTS the petitioner to either provide the docket
numbers where the material can be located or the actual material to the Government and the
Court on or before January 16, 2017. The Government will indicate whether it admit or denies
the correctness of the additional material on or before January 30, 2017. Petitioner’s Motion to
Expand with regard to Exhibit E is GRANTED.
Petitioner’s Motion (Doc. 11) to Expand is GRANTED with the understanding that
Exhibits H and J are incomplete. Should the incomplete portions of these Exhibits become an

issue, the Petitioner will promptly provide the incomplete portions to the Government and the
Court or the exhibits will be stricken from the record. Petitioner’s Motion (Doc. 12) to Expand
is a duplicate to Petitioner’s Motion (Doc. 11) and is STRICKEN.

Petitioner’s final Motion

(Doc. 13) to Expand is GRANTED.
Finally, the Government is DIRECTED to respond to Petitioner’s § 2255 (Doc. 1) on or
before February 27, 2017.
In summary:
1.

The Court is DEFERRING in part Petitioner’s Motion (Doc. 6) to Expand the
Record and DIRECTS the petitioner to either provide the docket numbers where the
Exhibits A-D can be located or the actual material to the Government and the Court
on or before January 16, 2017. The Government will indicate whether it admit or
denies the correctness of the additional material on or before January 30, 2017.
Petitioner’s Motion to Expand with regard to Exhibit E is GRANTED.

2. Petitioner’s Motion (Doc. 11) to Expand is GRANTED with the understanding that
Exhibits H and J are incomplete.
3. Petitioner’s Motion (Doc. 12) to Expand is a duplicate to Petitioner’s Motion (Doc.
11) and is STRICKEN.
4. Petitioner’s final Motion (Doc. 13) to Expand is GRANTED.
5. The Government is DIRECTED to respond to Petitioner’s § 2255 (Doc. 1) on or
before February 27, 2017.
IT IS SO ORDERED.
DATED: 12/20/2016
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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