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- ilcd;;1:17-cv-01449_de37 RegisterActionDate "2019-10-28" @default.
- ilcd;;1:17-cv-01449_de37 RegisterActionDescriptionText "TEXT ORDER: Petitioner has an appeal pending before the Seventh Circuit and has filed an unopposed Motion to Supplement the Record on Appeal 28 . Petitioner seeks to supplement the record on appeal with the transcript of Petitioner's November 30, 2005 sentencing hearing in his criminal case. Federal Rule of Appellate Procedure 10(e) addresses corrections or modification of the record. The district court may supplement the record if anything material to either party is omitted from or misstated in the record by error or accident. See Fed. R. App. P. 10(e)(2). However, "[a]ll other questions as to the form and content of the record must be presented to the court of appeals." Fed. R. App. P. 10(e)(3). Here, Petitioner has not alleged that the omission of the sentencing transcript from the appellate record was an error or accident, but rather it appears the transcript was not before the Court when it reached its decision. Accordingly, the Court finds that the Court is without authority to grant this request and it instead must be presented to the Seventh Circuit. Petitioner's Motion 28 is DENIED without prejudice. Entered by Judge Sue E. Myerscough on 10/28/2019. (MAS, ilcd) (Entered: 10/28/2019)" @default.
- ilcd;;1:17-cv-01449_de37 AdministrativeID "None" @default.
- ilcd;;1:17-cv-01449_de37 hasJudgeReference SJ001511 @default.
- ilcd;;1:17-cv-01449_de37 hasReferenceToOtherEntry ilcd;;1:17-cv-01449_de36 @default.