Isom v. Hobbs

Filing 25

ORDER that 22 Petitioner's Motion for Discovery is DENIED as premature; Petitioner shall file a brief, on or before 3/7/12, addressing why his petition should be stayed. Signed by Chief Judge J. Leon Holmes on 2/15/12. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
KENNETH R. ISOM,
VS.

PETITIONER
Case Number: 5:11-CV-00047 JLH

RAY HOBBS, Director of the
Arkansas Department of Correction

RESPONDENT
ORDER

Pending before the Court is Petitioner’s Motion for Leave to Conduct Discovery. Document
#22. Petitioner requests leave to issue several subpoenas, obtain records, conduct numerous
depositions, and gather additional information to support his pending claims. Respondent opposes
the motion, arguing that the motion is premature. Document #23. Petitioner argues that his motion
for discovery is not premature, as the additional facts sought will assist in showing that he is actually
innocent, thereby excusing any procedural default. He also argues that any new evidence discovered
would eventually comprise the state record, if the habeas petition were stayed and he returned to
state court to present unexhausted claims. Document #24. Upon due consideration, Petitioner’s
motion is DENIED as premature.
Prior to the filing of his discovery motion, Petitioner requested the Court stay his petition
and hold it in abeyance while he seeks to exhaust his state remedies. Document #21. Petitioner
stated that he filed his petition as a “protective petition”, so the statute of limitations would not run
while seeking to exhaust his claims. Id. at 9.
On or before March 7, 2012, Petitioner shall file a brief addressing why his petition should
be stayed so that he may seek to exhaust his state remedies. Respondent will file a response within
fourteen days after Petitioner’s brief is filed. Petitioner may then reply within fourteen days of
Respondent’s response being filed.

IT IS SO ORDERED this 15th day of February, 2012.

___________________________________________
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE