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, )

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

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December 6, 2013.

DATED thish-~day ofNovernb

iahC. Lynch
ited States Magistrate Judge

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