Case: 3:09-cr-00002-GHD-SAA Doc #: 169 Filed: 01/17/12 1 of 2 PageID #: 1571

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION

UNITED STATES OF AMERICA

v.

CRIMINAL CASE NO. 3:09-CR-00002-GHD DEFENDANT

RICHARD F. "DICKIE" SCRUGGS ORDER GRANTING DISCLOSURE

The Petitioner's objection and motion for disclosure or exclusion of the complete
Langston case file [166] came on for consideration by the Court. The Court notes that all

proceedings in the case styled United States of America v. Joseph C. Langston, Cause Number 1:08CR003, were conducted before Chief District Court Judge Michael P. MiUs. Chief Judge Mills placed certain documents under seal in the Langston case. As stated in this Court's

memorandum opinion denying the motion for judgment on the pleadings [160] of December 27, 2011, and its Superseding Order [165] of January 5, 2012, this Court utilized only those portions of the Langston file that were not under seal and were available to the public. This Court has never viewed those portions of the Langston file that were placed under seal by Chief Judge Mills. The undersigned forwarded a copy of the Petitioner's motion for disclosure to Chief Judge Mills, and subsequently, Chief Judge Mills entered an Order unsealing the subject documents with certain caveats as to medical records, etc. in Cause Number 1:08CR003. A copy of this Order is attached hereto as an exhibit. As a result of Judge Mills' Order, all documents in the Langston file have been made available to the Petitioner through the Court's CMlECF system. Certain limitations have been set forth in Chief Judge Mills' Order, but in the event the Petitioner wishes access to the complete files, Judge Mills has established a process whereby the same may be viewed at the office of the Clerk of the United States District

Case: 3:09-cr-00002-GHD-SAA Doc #: 169 Filed: 01/17/12 2 of 2 PageID #: 1572

Court in Oxford, Mississippi. Accordingly, Petitioner's motion for disclosure of the Langston file is well taken and is GRANTED. The Court finds Petitioner's motion to exclude documents is not well taken and shall be DENIED. The Court is of the opinion it was acting well within its authority under Rule 7 of the Rules Governing Section 2255 Proceedings to expand the record with these additional materials relating to the Petitioner's 28 U.S.C. 2255 motion.
It is SO ORDERED, this the

11 day of January, 2012.

SENIOR JUDGE

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