United States District Court, N.D. Illinois
January 6, 2005.
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
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.
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