England v. Cain et al

Filing 8

ORDER & REASONS: ORDERED that 3 Motion to Supplement the Record is GRANTED and the exhibits attached to the motion be filed into the record and docketed as Plaintiff's Supplemental Exhibits. Signed by Magistrate Judge Karen Wells Roby on 4/16/2015. (cml)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
CARL ENGLAND

CIVIL ACTION

VERSUS

NO. 15-0961

WARDEN BURL CAIN

SECTION “F”(4)

ORDER AND REASONS
The petitioner, Carl England, has filed a Motion to Supplement the Record (Rec. Doc. No.
3) seeking leave to file copies of documents related to his pursuit of state court record and other
documents to “fulfill[] this Court’s request for certain documents to appropriately determine
exhaustion and due diligence.” The Court at no time “requested” or ordered England to submit any
such documents. England should refrain from misrepresentations of the record.
The only briefing order issued by this Court was that made to the respondent through the
State Attorney General and the District Attorney for St. Tammany Parish to respond to England’s
petition and provide certified copies of the state court records. England, on the other hand, has
already burdened this Court’s record with approximately 270 pages of uncertified copies of various
state court pleadings and other documents. He seeks now to present another 70 pages of documents
of a similar kind. The State has not yet had the opportunity to file its response and the certified state
court records. The Court therefore is unable at this time to compare and consider the duplicity,
accuracy, and relevance of England’s proposed exhibits.
Nevertheless, affording England every benefit, the Court will allow the exhibits to be placed
into the record and will consider the documents if necessary and appropriate in its review of
England’s petition. However, England is advised and warned that this Court’s review will be guided
by the certified copies of the state court records and is by law limited to those exhibits and pleadings

that were before the state courts in addressing his claims. See Cullen v. Pinholster, __ U.S. __, 131
S. Ct. 1388, 1400 (2011); Blue v. Thaler, 665 F.3d 647, 656 (5th Cir. 2011). England need not
submit any further exhibits unless ordered to do so by this Court. Accordingly,
IT IS ORDERED that England’s Motion to Supplement the Record (Rec. Doc. No. 3) is
GRANTED and the exhibits attached to the motion be filed into the record and docketed as
“Plaintiff’s Supplemental Exhibits.”
New Orleans, Louisiana, this 16th day of April, 2015.

____________________________________
KAREN WELLS ROBY
UNITED STATES MAGISTRATE JUDGE

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