Opinion
CIVIL ACTION NO. 11-2036 SEC. P
09-28-2012
DALLAS C. TAYLOR v. BURL CAIN, WARDEN
JUDGE ROBERT G. JAMES
MAG. JUDGE KAREN L. HAYES
ORDER
Before the undersigned Magistrate Judge, on reference from the District Court, is Petitioner Dallas C. Taylor's Motion to Strike Respondent's Answer and Memorandum of Law. [doc. # 17] pursuant to Local Rule 7.8. Movant is a prisoner at the Louisiana State Penitentiary in Angola, Louisiana, and has filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254. [doc. # 1].
Local Rule 7.8 states, in pertinent part, "no brief shall exceed 25 pages in length, exclusive of pages containing a table of authorities or table of contents . . .[.]" L.R. 7.8 (emphasis added). Respondent's corrected Answer and Memorandum of Law [doc. # 14] is in total a 27 page document; however, of those 27 pages, page 1 is a cover caption sheet, page 2 is the "Index[,] " and page 3 is the "Authorities." Therefore, in compliance with Local Rule 7.8, Respondent's brief does not exceed "25 pages in length." L.R. 7.8.
IT IS THEREFORE ORDERED that Petitioner Dallas C. Taylor's Motion to Strike Respondent's Answer and Memorandum of Law [doc. # 17] is DENIED.
THUS DONE AND SIGNED at Monroe, Louisiana, this 28th day of September 2012.
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KAREN L. HAYES
U. S. MAGISTRATE JUDGE