Snowden v. Keller (INMATE3)

Filing 14

ORDERED that Petitioner may file a reply to Respondent's 13 Answer on or before 3/25/09. Signed by Honorable Wallace Capel, Jr on 3/4/2009. (cb, )

IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION R O Y PIERCE SNOWDEN, Petitioner, v. J.A. KELLER, Respondent. ) ) ) ) ) ) ) ) )

Civil Action No. 2:08cv1026-MHT (WO)

ORDER R e sp o n d e n t has filed an answer (Doc. No. 13) addressing the claims presented in the in s ta n t 28 U.S.C. § 2241 habeas corpus petition. In this answer, Respondent contends that th e petition for habeas corpus relief is due to be denied because Petitioner is entitled to no re lie f on the claims presented therein. Specifically, Respondent argues that (a) the federal d istrict court and appellate court decisions cited by Petitioner as support for his claims are e ith e r inapposite to the facts of Petitioner's case or are not controlling in the Eleventh C irc u it; (b) Petitioner has no liberty interest in early release and has suffered no denial of due p ro c e ss of law; (c) the BOP's authority to promulgate and administer regulations regarding e a r ly release criteria under RDAP are entirely discretionary; (d) the American With D is a b ilitie s Act provides no legal or factual basis for Petitioner's assertion that a finding at a n institution that he has a substance abuse problem places him in a protected class; and (e) P e titio n e r fails to support any claim that he was denied equal protection under the laws. A c c o rd in g ly, it is

O R D E R E D Petitioner may file a reply to Respondent's answer on or before March 2 5 , 2009. Petitioner is instructed that when replying to Respondent's answer, he may file sw o rn affidavits or other documents in support of his claims. Affidavits should set forth s p e c if ic facts which demonstrate that Petitioner is entitled to relief on the grounds presented in the habeas corpus petition. If documents that have not previously been filed with the court a re referred to in the affidavits, sworn or certified copies of those papers must be attached to the affidavits or served with them. When Petitioner attacks Respondent's answer by use o f affidavits or other documents, the court will, at the appropriate time, consider whether to e x p a n d the record to include such materials. Cf. Rule 7, Rules Governing Section 2254 C a se s in the United States District Courts. A n y documents or evidence filed after March 25, 2009, will not be considered by the c o u rt except in exceptional circumstances. At any time after the deadline for filing a reply ex p ires, the court will determine whether an evidentiary hearing is necessary. If it appears th a t an evidentiary hearing is not required, the court will dispose of the petition as justice re q u ire s . Cf. Rule 8(a), Rules Governing Section 2254 Cases in the United States District C o u r ts . D o n e this 4 th day of March, 2009.

/s/Wallace Capel, Jr. WALLACE CAPEL, JR. U N IT E D STATES MAGISTRATE JUDGE

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