Jackson v. U.S.

Full title: RICHARD ALLEN JACKSON, Petitioner, v. UNITED STATES OF AMERICA, Respondent

Court: United States District Court, W.D. North Carolina, Asheville Division

Date published: Dec 2, 2005

CIVIL NO. 1:04CV251 (1:00CR74) (W.D.N.C. Dec. 2, 2005)

Opinion

CIVIL NO. 1:04CV251 (1:00CR74).

December 2, 2005

ORDER

LACY THORNBURG, District Judge

THIS MATTER is before the Court on the Respondent's Opposition to Petitioner's Motion for Extension of Time to File Supplemental Materials, filed December 1, 2005.

The Respondent, citing Williams v. Taylor, 189 F.3d 421, 430 (4^th Cir. 1999), argues in this response that the necessity for the Petitioner to proceed on an ex parte basis must be tested in an adversarial posture. In Williams, the Circuit held that it is not permissible to establish the need for proceeding ex parte without the Respondent being provided notice of the reasons therefor. The Court finds that this point is well taken, especially in this case in which the Petitioner originally disclosed to the Respondent his reasons for requesting investigatory services.

IT IS, THEREFORE, ORDERED that the Petitioner's response to the Order of November 18, 2005, shall comply with the above-cited case.

The Clerk of Court is instructed to serve this Order on the Petitioner's counsel via facsimile forthwith.