Free Order on Motion for Hearing - District Court of Delaware - Delaware

Case 1:07-cv-00036-JJF Doeument 34 Filed 10/31/2007 Page1 0f2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
EDWARD GIBBS JR., :
Petitioner, E
v. Z Civil Action No. 07—36—JJF
THOMAS L. CARROLL, E
Warden, and ATTORNEY :
GENERAL OF THE STATE :
OF DELAWARE, :
Respondents. Q
O R D E R
IT IS ORDERED that:
l. Respondents shall supplement the state court record with
the most recent Superior Court Criminal Docket, Delaware Supreme
Court Criminal Docket, and the following pages of Petitioner’s
December l9, 2003 sentencing transcript: 24-26, 30·46, and 47 to
the end.
2. Having ordered Respondents to supplement the record as
stated above, Petitioner Edward Gibbs, Jr.’s Motion for an
Evidentiary Hearing is DENIED without prejudice to renew. (D.I.
32.) Petitioner has failed “to forecast any evidence" beyond the
soon—to—be supplemented record that would help his cause, “or
otherwise explain how his claim would be advanced by an
evidentiary hearing.” Campbell v. Vaughn, 209 F.3d 280, 286—87

Case 1:07-cv-00036-JJF Document 34 Filed 10/31/2007 Page 2 of 2
(Bd Cir. 200l)(internal quotations omitted); see 28 U.S.C. §
2254(e) and Rule 8(a), 28 U.S.C. foil. § 2254.
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