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RODRIGUEZ v. BOWEN

United States District Court, N.D. Illinois


January 6, 2005.

Rodriguez,
v.
Bowen.

The opinion of the court was delivered by: PHILIP REINHARD, District Judge

MEMORANDUM OPINION AND ORDER

Guadalupe Rodriguez, a state prisoner, filed a petition pursuant to 28 U.S.C. § 2254, to which the respondent, Edwin Bowen, filed an answer. Subsequent to his having filed his § 2254 petition, Rodriguez filed a motion for leave to expand the record and a motion for leave to file a supplement to his motion to expand the record. Respondent, in turn, filed an extensive response to the motion for leave to expand the record and the motion to file the supplement thereto. Rodriguez has now filed a motion for leave to withdraw his motion for leave to expand the record and to file a supplement thereto and to file an amended motion to expand the record including discovery.

Rodriguez has had a full and fair opportunity to seek to expand the record via his original motion for leave to do so along with the motion to file a supplemental motion to expand the record. Further, respondent has expended considerable effort in responding to the motion and supplemental motion. Under these circumstances, the court denies the motion to withdraw and for leave to file an amended motion to expand the record including discovery.

  The court will, however, consider any assertions in the amended motion to expand the record as a reply to the response to the original motion for leave to expand the record and the supplement thereto to the extent such assertions do not raise new matters not raised by respondent's response.

20050106

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