Opinion
Case No. 07-13608.
May 1, 2008
OPINION AND ORDER GRANTING PETITIONER'S MOTION TO EXPAND THE RECORD
On August 28, 2007, Petitioner Desmond Crumsey, filed a pro per application for writ of habeas corpus with this Court, pursuant to 28 U.S.C. § 2254. Before the Court now is Petitioner's motion to expand the record. Respondent filed an answer to the habeas petition on March 6, 2008. For the reasons stated below, the Court will grant Petitioner's motion to expand the record.
I.
Rule 7(a) of the rules governing § 2254 cases, 28 U.S.C. foll. § 2254, indicates that if a habeas petition is not summarily dismissed, the district court judge "may direct the record be expanded by the parties by the inclusion of additional materials relevant to the determination of the merits of the petition." A federal district court judge may employ a variety of measures to avoid the necessity of an evidentiary hearing in a habeas case, including the direction to expand the record to include evidentiary materials that may resolve the factual dispute without the need for an evidentiary hearing. Blackledge v. Allison, 431 U.S. 63, 81-82 (1977).
In the present case, Petitioner requests the Court to expand the record to include the preliminary complaint from the 36th District Detroit Police Department, which reflects that Petitioner was arrested during a routine traffic stop, thereby refuting Respondent's contention that he was arrested or obtained elsewhere. Because these materials may help resolve any factual disputes in this case, the Court will permit the court record to be expanded to include those materials.
ORDER
Based upon the foregoing, Petitioner's motion to expand the record is GRANTED. Petitioner is ordered to file the necessary document(s) with the Court within 30 days of the date of this Order.