Green v. Hobbs

Filing 48

ORDER: The Court does not see how Mr. Green's double jeopardy argument would benefit from the requested documents. If the Court determines that the requested documents are necessary for the resolution of this matter based upon further review of the record, the Findings and Recommendation, and any objections thereto filed by Mr. Green, the Court will direct a request for the documents from the appropriate source. Signed by Judge Kristine G. Baker on 05/07/2014. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JAMES EDWARD GREEN, JR.,
ADC #113001
v.

PETITIONER

Case No. 5:14-cv-00009-KGB/HDY

RAY HOBBS, Director of the
Arkansas Department of Correction

RESPONDENT
ORDER

Before the Court is petitioner James Edward Green, Jr.’s motion for production of
documents (Dkt. No. 47). A habeas petitioner is not entitled to discovery as a matter of course.
Harris v. Nelson, 394 U.S. 286, 295 (1969). Pursuant to Rule 6 of the Rules Governing Section
2254 Cases, a judge may, for good cause, authorize discovery. Mr. Green has not shown good
cause. Mr. Green requests apparently for the first time that the Court order production of these
specific documents, after Magistrate Judge H. David Young filed his Findings and
Recommendation (Dkt. No. 43). Although Mr. Green appears to have requested the documents
from the Drew County Circuit Clerk and the Arkansas Department of Correction in October
2013, there is no evidence that he followed their directions on how to obtain the documents by
contacting the state prosecutor’s office, the sheriff’s office, his prior attorney, or the originating
source (See Dkt. No. 25, 12-13). Mr. Green claims that the documents that he requests pertain to
the alleged violation of his right to protection against double jeopardy. Based upon an initial
review of the record before it, the Court does not see how Mr. Green’s double jeopardy argument
would benefit from the requested documents.

If the Court determines that the requested

documents are necessary for the resolution of this matter based upon further review of the record,

the Findings and Recommendation, and any objections thereto filed by Mr. Green, the Court will
direct a request for the documents from the appropriate source.
SO ORDERED this the 7th day of May, 2014.

________________________________
KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE

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