The opinion of the court was delivered by: Herndon, Chief Judge:
Before the Court is the government's motion for more definite statement and for production of documents (Doc. 3). The government relates that it is unable to respond to various allegations of petitioner without certain requested information and documentation. Based on the government's requests, the Court GRANTS the motion and DIRECTS petitioner to supplement his petition with the following:
1. The name, address, telephone number, and email address of the paralegal referenced in paragraph 3 of petitioner's affidavit (Doc. 1-2), and all documents in his possession or under his control that would constitute evidence of his allegations pertaining to the paralegal's discussions with said jurors, and to provide any and all evidence in his possession or under his control that would evidence the hiring of said paralegal, and payment for the services of said paralegal.
2. In reference to petitioner's Claim 2 allegations regarding his prior conviction in California for Assault and Battery, for which he says he pled guilty on February 18, 1993, at which time he states he was 17 years old, but his date of birth was mistakenly listed as 1972 rather than 1975, petitioner is DIRECTED to provide the Court with a true copy of his birth certificate; all documents in his possession or under his control relating to the incident to which he refers; and all documents in his possession or under his control relating to the prior conviction to which he refers
3. Finally, in reference to petitioner's Claim 7, in which petitioner makes certain allegations pertaining to his prior drug conviction, claiming that he "may have been convicted for an offense other than sells," petitioner is DIRECTED to provide the Court with any documentation that supports his claim.
Petitioner shall supplement his petition with the above-referenced documentation and information by April 8, 2013. Petitioner's failure to supplement his petition with the above-referenced documentation and information shall constitute a waiver of the allegations to which the requested documentation and information relate. Finally, the government's response to
Digitally signed by David petitioner's motion is now due by May 8, 2013.
R. Herndon Chief Judge United States District Judge
© 1992-2013 VersusLaw ...