Rodriguez v. FL Dep't of Corrections, No. 12-10887 (11th Cir. 2014)
Annotate this CasePetitioner, a Florida state prisoner, appealed from the denial of his motion to reconsider the denial of his 28 U.S.C. 2254 petition. The court concluded that the State was procedurally required to serve petitioner with exhibits it filed separately from its answer (Appendix) and referenced in its answer. Therefore, the district court abused its discretion by denying defendant's motion to reconsider. Accordingly, the court reversed and remanded with instructions that the State serve petitioner with the twelve documents in the Appendix to which he was procedurally entitled so that he may be allowed to amend his reply to the State's answer. Then the district court should adjudicate the merits of the fully briefed habeas corpus petition.
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