Opinion
CRIMINAL NO. 3:00-CR-13, CIVIL ACTION NO. 3:07-CV-17.
January 25, 2008
ORDER GRANTING PETITION FOR DOCUMENTS
This matter is now before the Court for consideration of the defendant's Petition for Documents [Crim. Doc. 171] filed on July 5, 2007. In support of the motion, the defendant states that he never received the magistrate judge's Report and Recommendation ("R R") [Crim. Doc. 166; Civ. Doc. 2] and, therefore, did not have the opportunity to provide objections thereto. The defendant did, however, receive the Order Adopting the Report and Recommendation [Crim. Doc. 170; Civ. Doc. 6]. In that Order, this Court reviewed the R R for clear error because the petitioner failed to file any objections. The Court, however, overlooked the fact that the defendant had filed a Motion to Stay [Crim. Doc. 168; Civ. Doc. 3], which sought to stay the case until he secured more concrete housing arrangements. Therefore, the defendant seeks leave to file his objection, and to have the Court review his petition de novo. Having reviewed the motion, and having reviewed the procedural history in this case, the Court is of the opinion that the defendant's Petition for Documents [Crim. Doc. 171] should be, and is, hereby GRANTED. As such, the Clerk is DIRECTED to mail a certified copy of the magistrate judge's Report and Recommendation [Crim. Doc. 166; Civ. Doc. 2] to the defendant's current mailing address. Furthermore, the Court GRANTS the defendant leave to file any objections within a reasonable period of time.
It is so ORDERED.
The Clerk is directed to mail a certified copy of this Order to the pro se petitioner and to transmit copies to all counsel of record herein.