Dunlap v. Hobbs

Filing 46

ORDER denying 44 Motion to Compel. Signed by Judge James M. Moody on 4/18/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
MICHAEL D. DUNLAP
ADC #114705
V.

PETITIONER
CASE NO. 5:10CV00136 JMM/JTR

RAY HOBBS, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

Pending is Petitioner’s motion to compel, docket # 44, requesting the Court
compel the production of a transcript of the closing arguments from his trial. The Court
has previously denied Petitioner’s request for these documents, docket # 30. As the Court
explained in the Order dated February 21, 2012, Petitioner’s motion seeks to expand the
factual basis for his habeas claim beyond what was developed in the state court
proceeding. Petitioner seeks the transcript to support his claim that his trial lawyer was
constitutionally ineffective in failing to object to improper remarks made by the
prosecutor in closing argument. The Proposed Findings and Recommended Disposition
currently before the Court recommends that the Court find that Petitioner procedurally
defaulted this claim. Accordingly, Petitioner’s request for a copy of the transcript of the
closing arguments will be denied.
IT IS SO ORDERED this 18th day of April, 2012.

________________________________
UNITED STATES DISTRICT JUDGE