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Floyd v. Frakes

United States District Court, D. Nebraska

June 26, 2018

WILLIAM C. FLOYD JR., Petitioner,
v.
SCOTT FRAKES, Director of the Nebraska Department of Correctional Services; and BRAD HANSEN, Warden Tecumseh State Correctional Institution; Respondents.

          MEMORANDUM AND ORDER

          Richard G. Kopf Senior United States District Judge

         This matter is before the court on Petitioner William C. Floyd Jr.'s (“Floyd”) Motion for Leave to Expand the Record (filing no. 155), and Motion for Extension of Time (filing no. 156). The court will grant in part, and deny in part, Floyd's motion to expand the record but will grant his motion for an extension of time.

         I. MOTION FOR LEAVE TO EXPAND RECORD

         Floyd asks the court to expand the record to include several exhibits attached to his motion because “[i]n filing no. 150 [he] is not allowed to attach any exhibits, etc. to [his] response and brief that would support [his] claims and to refute state[']s theories.” (Filing No. 155 at CM/ECF p.1.) Floyd asserts that the materials he seeks to include in the record are necessary for him to prove the state impediments that have denied Floyd access to the courts. (Id. at CM/ECF pp.1-2.) Further, Floyd asks the court to issue court orders to certain departments and individuals to obtain various documents. (Id. at CM/ECF p.3.)

         Liberally construed, Floyd seeks (1) to introduce various documents for the court to consider in support of Floyd's brief, which is yet to be filed with the court, and (2) to obtain discovery of the following materials:

• Tecumseh State Correctional Institution (“TSCI”) law library sign in/out log sheets for all the days the law librarian, Patty Hughes, was not in the library; “Om's and A.R. for the law library and mail-room”;
• TSCI mail-room log sheets for Floyd's out-going legal mail and incoming legal mail;
• Examination by TSCI medical department doctor of Floyd's physical appearance, specifically his “gait of being born pigeon toed”;
• “The white copy” of Floyd's TSCI inmate interview request forms regarding his out-going legal mail “that ‘Mail-room' keeps”;
• “The Omaha Police Department Property & evidence sign in/out log in sheet for evidence pertaining to RB C42275 and the audio/video of the first interview”;
• “The Omaha Police Department Property & evidence police reports and supplemental reports to RB A89103 from April 24, 2003”;
• “The Omaha Police Department Property & evidence sign in/out log in sheet for property and evidence pertaining to RB A89103”;
• Phone records and cell phone tower location information for Shantelle Vickers/Davis' Cricket cell phone on October 7, 2003, up until and during the time of the shooting; and
• Information from the “Omaha Motor Vehicle department” regarding Floyd's eye sight and need for ...

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