Davlin v. Bakewell et al

Filing 21

MEMORANDUM AND ORDER denying 13 Motion to Expand the Record; denying 19 Objection; Respondents are reminded that their reply brief is due on May 27, 2010. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(ADB, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA CLIFFORD J. DAVLIN, Petitioner, v. DENNIS BAKEWELL, et al., Respondents. ) ) ) ) ) ) ) ) ) CASE NO. 8:09CV460

MEMORANDUM AND ORDER

This matter is before the court on Petitioner's Motion to Expand the Record. (Filing No. 13.) Respondent filed a Brief in opposition to the Motion (Filing No. 15) and Petitioner filed an Objection to Respondent's Brief (Filing No. 19). The court has carefully reviewed the record in this matter and finds that Petitioner's Motion is denied without prejudice to reassertion pending the court's determination regarding the procedural default issues in the case. In the event the court determines that the additional records are necessary, the court will order Respondent to provide them.

IT IS THEREFORE ORDERED that: 1. Petitioner's Motion to Expand the Record (Filing No. 13) and Objection to Respondent's Brief (Filing No. 19) are denied; and Respondents are reminded that their reply brief is due on May 27, 2010.

2.

DATED this 11th day of May, 2010. BY THE COURT:

s/Laurie Smith Camp United States District Judge