Whitten v. Butler et al (INMATE 1)

Filing 15

ORDER that the 13 Motion for Discovery is hereby DENIED as further set out in the order. Signed by Honorable Susan Russ Walker on 5/1/2009. (dmn)

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION JOHN MARK WHITTEN, #179726, Petitioner, v. ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 3:09-CV-201-TMH [WO] FREDDIE BUTLER, et al., Respondents. ORDER ON MOTION Upon consideration of the motion for discovery filed by the petitioner on April 29, 2009 (Court Doc. No. 13), and for good cause, it is ORDERED that this motion be and is hereby DENIED. The court notes that the documents sought by the petitioner are equally accessible by him and are not necessary to the disposition of this case as such do not constitute new, reliable evidence of actual innocence. Done this 1st day of May, 2009. /s/ Susan Russ Walker SUSAN RUSS WALKER CHIEF UNITED STATES MAGISTRATE JUDGE

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