Halcomb v. McQuiggin

Filing 12

ORDER Denying Petitioner's 10 Motion for ORAL ARGUMENT. Signed by District Judge Gershwin A. Drain. (Bankston, T)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

JOHN MARK HALCOMB, #191295,
Petitioner,
CASE NO. 11-CV-11097
HONORABLE GERSHWIN A. DRAIN

v.
GREG MCQUIGGIN,
Respondent.
__________________________________/

ORDER DENYING PETITIONER’S MOTION FOR ORAL ARGUMENT[#10]
Michigan prisoner John Mark Halcomb (“Petitioner”) has filed a pro se petition for writ of
habeas corpus pursuant to 28 U.S.C. § 2254 asserting that he is incarcerated in violation of his
constitutional rights. Respondent has filed an answer to the petition and Petitioner has filed a reply
to that answer. This matter is before the Court on Petitioner’s motion for oral argument.
Pursuant to Rule 5 of the Rules Governing Section 2254 Cases, Respondent is required to
submit all transcripts and documents relevant to the determination of the habeas petition when the
answer is filed. See Rule 5, 28 U.S.C. foll. § 2254. The Court may also require that the record be
expanded to include additional materials relevant to the determination of the petition. See Rule 7,
28 U.S.C. foll. § 2254. Additionally, the Court has discretion to conduct an evidentiary hearing after
the filing of the answer and the state court record. See Rule 8, 28 U.S.C. foll. § 2254.
Upon initial review of the pleadings and state court record, the Court concludes that oral
argument is not warranted. Accordingly, the Court DENIES Petitioner’s motion for oral argument
[#10]. The Court will bear in mind Petitioner’s request if, upon further review of the case, the Court
determines that oral argument is necessary. Petitioner need not file any additional motions

concerning such matters.
IT IS SO ORDERED.

/s/Gershwin A Drain
GERSHWIN A. DRAIN
UNITED STATES DISTRICT JUDGE
Dated: December 6, 2012

CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing document was served upon counsel of record
and any unrepresented parties via the Court's ECF System to their respective email or First Class
U.S. mail addresses disclosed on the Notice of Electronic Filing on December 6, 2012.

s/Tanya Bankston
TANYA BANKSTON
Case Manager

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