Butler v. Hobbs

Filing 15

ORDER directing the Petitioner to file a Reply, addressing the arguments raised in the Response 14 on or before 8/9/2013; denying 10 Petitioner's Motion for Default Judgment. Signed by Magistrate Judge J. Thomas Ray on 07/16/2013. (kcs) (Docket entry modified on 7/16/2013 to correct the linkage.) (thd).

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JAMES E. BUTLER ADC #145762 VS. PETITIONER 5:12CV00200 SWW/JTR RAY HOBBS, Director, Arkansas Department of Correction RESPONDENT ORDER Respondent has filed a Response (docket entry #14) arguing that Petitioner’s habeas claims are: (1) untimely; (2) procedurally defaulted; and (3) fail on the merits.1 The Court concludes that a Reply would be helpful to the resolution of this action. IT IS THEREFORE ORDERED THAT: 1. Petitioner shall file a Reply, addressing the arguments raised in the Response (docket entry #14), on or before August 9, 2013. 2. Petitioner’s Motion for Default Judgment (docket entry #10) is DENIED. 1 Prior to the filing of the Response, Petitioner filed a Motion requesting a default judgment and “contempt of court.” (Docket entry #10). However, Petitioner overlooks the fact that the Response was timely filed pursuant to a Court-ordered extension. (Docket entries #9 and #13). Dated this 16th day of July, 2013. ___________________________________ UNITED STATES MAGISTRATE JUDGE 2

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