Letell v. LeBlanc

Filing 16

ORDER & REASONS: ORDERED that 15 Motion for Designation of Record is GRANTED and the exhibits which shall remain attached to the motion will be considered if appropriate in the court's review of his petition. Signed by Magistrate Judge Karen Wells Roby. (cml)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
ROBERT LETELL

CIVIL ACTION

VERSUS

NO. 15-5008

JAMES LEBLANC, NATHAN CAIN

SECTION “I”(4)

ORDER AND REASONS
The petitioner, Robert Letell, has filed a Motion for Designation of the Record (Rec. Doc.
No. 3) seeking leave to file copies of certain documents purportedly from the state court record.
Letell is reminded that this federal habeas corpus proceeding is not a criminal appeal and there is
no need for a designation of the record. The briefing order issued by this Court addressed to the
respondent through the State Attorney General and the District Attorney for Lafourche Parish to
respond to Letell’s petition and provide certified copies of the entire state trial and appellate court
records. The State has not yet had the opportunity to file its opposition response with the certified
state court records.
The copies submitted by Letell are not certified and appear to include personal notations and
comments. The Court therefore is unable at this time to compare and consider the duplicity,
accuracy, and relevance of Letell’s proposed exhibits.
Nevertheless, affording Letell every benefit, the Court will consider his exhibits if necessary
and appropriate in its review of the petition. However, Letell 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). Letell need not submit any further exhibits or record portions unless ordered to do so by this
Court. Accordingly,
IT IS ORDERED that Letell’s Motion for Designation of Record (Rec. Doc. No. 15) is
GRANTED and the exhibits which shall remain attached to the motion will be considered if
appropriate in the court’s review of his petition.
New Orleans, Louisiana, this 29th day of October, 2015.

____________________________________
KAREN WELLS ROBY
UNITED STATES MAGISTRATE JUDGE

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