Sohn v. Outlaw

Filing 15

ORDER denying 13 Request filed by Randy Keith Sohn. Signed by Magistrate Judge Jerome T. Kearney on 3/14/11. (kpr)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION RANDY KEITH SOHN Reg #34152-044 vs. T.C. OUTLAW Warden, FCI - Forrest City ORDER Pending is Petitioner's Request for Discovery. (Doc. No. 13) In his Petition, filed March 3, 2010, he argues that the Bureau of Prisons (BOP) possessed insufficient evidence to support a Code 297 infraction, and that the charges were biased, capricious and arbitrary. (Doc. No. 1) Petitioner now requests, inter alia, copies of all administrative remedies filed by inmates complaining of arbitrary and capricious behavior by a particular unit counselor­­as well as copies of "all internal memoranda, e-mails, investigative notes, or other such materials" involving similar allegations. (Doc. No. 13) Rule 6(a) of the Rules Governing Section 2254 Cases in the United States District Courts empowers the Court to, upon request and with good cause shown, "authorize a party to conduct discovery under the Federal Rules of Civil Procedure."1 The Court has viewed the record in this case and finds it unnecessary to authorize discovery. Accordingly, Petitioner's request is denied. SO ORDERED this 14th day of March, 2011. Case No. 2:10CV00029-BRW-JTK RESPONDENT PETITIONER

____________________________________ UNITED STATES MAGISTRATE JUDGE

Rule 1 of the Rules Governing Section 2254 Cases in the United States District Courts notes that a district court may apply the rules to habeas petitions not filed under § 2254.

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