Atkins v. Polk

Filing 35

ORDER granting 30 Motion to Amend/Correct Petitioner's Summary Judgment Motion; granting Petitioner's 4 Motion for Expansion of the Record. Signed by District Judge Martin Reidinger on 4/1/11. (siw)

Atkins v. Polk

Doc. 35

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL CASE NO. 1:06cv372 RANDY LYNN ATKINS, ) ) Petitioner, ) ) v. ) ) MARVIN POLK, Warden, ) Central Prison ) Raleigh, North Carolina, ) ) Respondent. ) ___________________________ )

ORDER

THIS MATTER is before the Court upon Petitioner Randy Lynn Atkins's Motion for Expansion of the Record [Doc. 4] and Petitioner's Motion to Amend and Correct Petitioner's Summary Judgment Motion [Doc. 30]. In conjunction with the filing of his habeas petition, and in anticipation that the Respondent would file the transcripts of the state court proceedings, Petitioner has filed a motion seeking to expand the record to include an additional four volumes of state court records. [Doc. 4]. There being no opposition to Petitioner's motion, and for cause shown, Petitioner's Motion for Expansion of the Record [Doc. 4] will be allowed, and the Court will consider the exhibits manually filed in support of

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Petitioner's Petition as part of the record in this case. Additionally, Petitioner moves to correct his Summary Judgment Motion in order to correct a typographical error. [Doc. 30]. The Respondent does not oppose Petitioner's Motion to Amend and Correct. For cause shown, Petitioner's Motion [Doc. 30] will be allowed, and the Court will consider Petitioner's Motion for Summary Judgment as amended. Accordingly, IT IS, THEREFORE, ORDERED that Petitioner's Motion for Expansion of the Record [Doc. 4] and Petitioner's Motion to Amend and Correct Petitioner's Summary Judgment Motion [Doc. 30] are ALLOWED. IT IS SO ORDERED.
Signed: April 1, 2011

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