Person v. Neven et al

Filing 51

ORDER granting 47 Motion to Expand the Record. Documents submitted with motion, 47 -1 and 47 -2, comprise part of the state record and will be considered by this Court in its ultimate ruling. Signed by Judge Larry R. Hicks on 3/14/13. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MICHAEL ROBERT PERSON,

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Petitioner,
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vs.
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DWIGHT NEVEN, et al.,
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Respondents.
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____________________________________/

3:10-cv-00480-LRH-WGC
ORDER

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This action is a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 by a
Nevada state prisoner who is represented by counsel.
Petitioner has filed a motion to expand the record. (ECF No. 47). Along with the motion to

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expand the record, petitioner has submitted Exhibits 1-17, which were originally submitted under

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Tab 24 of Appellant’s Appendix to the Opening Brief, filed with the Nevada Supreme Court on May

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28, 2009. (ECF Nos. 47-1, 47-2). Petitioner has further submitted Findings of Fact, Conclusions of

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Law and Judgment which were filed in the Second Judicial District Court for the State of Nevada in

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the case of McKinney v. State, and which were included in his Supplemental Appendix filed with the

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Nevada Supreme Court. (Id.).

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Petitioner asserts that because these documents were brought before the Nevada Supreme

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Court prior to disposition, but were not part of the 80 exhibits filed by the State in this action (ECF

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Nos. 12-16, 45), the motion to expand the record is brought under Rule 5, rather than Rule 7 of the

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Rules Governing Section 2254 Cases in the United States District Courts. Respondents do not

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oppose petitioner’s motion to expand the record. (ECF No. 49). Good cause appearing, and

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consistent with Rule 5 of the Rules Governing Section 2254 Cases, petitioner’s motion to expand the

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record is granted.

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IT IS THEREFORE ORDERED that petitioner’s motion to expand the record (ECF No.
47) is GRANTED.
IT IS FURTHER ORDERED that the documents submitted with petitioner’s motion to

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expand the record, at ECF Nos. 47-1 and 47-2, comprise part of the state court record and thus will

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be considered by this Court in its ultimate ruling on the merits of this action.

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Dated this 14th day of March, 2013.
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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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