Rose v. Kirkegard et al

Filing 12

ORDER denying 11 Motion to expand the record. Signed by Jeremiah C. Lynch on 11/20/2013. Mailed to Rose. (TAG, )

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FILf,..~, L NOV 2 D2DJ3 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION ROBERT L. ROSE, Cle~. 1.:',5. District Court District Of Montane MIssoula Cause No. CV 13-156-DWM-JCL Petitioner, vs. ORDER DENYING MOTION TO EXPAND THE RECORD LEROY KIRKEGARD; ATTORNEY GENERAL OF THE STATE OF MONTANA, Respondents. Petitioner Rose moves to expand the record filed by Respondents ("the State") on October 15, 2013. The Court will proceed with prescreening on the record as it currently exists and will consider whether additional materials within or outside the state court file are relevant and may be considered. See, e.g., Cullen v. Pinholster, _U.S. _, 131 S. Ct. 1388 (2010). Based on the foregoing, the Court enters the following: ORDER Rose's motion to expand the record (Doc. 11) is DENIED. Rose's reply to the State's Answer remains limited to 24 pages and remains due on or before 1 December 6, 2013. DATED thish-~day ofNovernb iahC. Lynch ited States Magistrate Judge 2

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