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Malone v. Fortner

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION
May 22, 2012
NO. 3:09-cv-0949 (M.D. Tenn. May. 22, 2012)

Opinion

NO. 3:09-cv-0949

05-22-2012

LORENZO MALONE, Petitioner, v. JAMES FORTNER, Warden, Respondent.


JUDGE HAYNES


PETITIONER'S REQUEST FOR WAIVER

OF M.D. TENN. LOCAL RULE 56.01

In this case, Petitioner respectfully requests that the Court waive compliance with the requirements of M.D. Term. Local Rule 56.01 directing the proponent of a summary judgment motion to set forth each material fact in separate, numbered paragraphs, and the party opposing a summary judgment motion to set forth its responses to each material fact under separate, numbered paragraphs. In support thereof, petitioner submits that the rationale underlying these requirements should not apply in a habeas corpus action under 28 U.S.C. § 2254, where notice pleading is not permitted and where the standard of review is presumptively limited to the existing state court record, which has already been filed with the Court. (See D.E. 29 & 30, Notice of Filing Documents and Attachments.)

Accordingly, petitioner requests that this Court grant a waiver of the requirements of Local Rule 56.01 in this case. Further, petitioner requests, pursuant to said waiver, that the Court accept respondent's motion for summary judgment for filing without the serialized recitation of facts required therein.


Summaries of

Malone v. Fortner

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION
May 22, 2012
NO. 3:09-cv-0949 (M.D. Tenn. May. 22, 2012)
Case details for

Malone v. Fortner

Case Details

Full title:LORENZO MALONE, Petitioner, v. JAMES FORTNER, Warden, Respondent.

Court:UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION

Date published: May 22, 2012

Citations

NO. 3:09-cv-0949 (M.D. Tenn. May. 22, 2012)