Lewis v. Hobbs

Filing 12

ORDER denying without prejudice 11 Motion for Discovery. Signed by Judge Kristine G. Baker on 12/5/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
DAVID E. LEWIS
VS.

PETITIONER
CASE NO.: 5:14CV00367 KGB/BD

LARRY NORRIS, Interim Director,
Arkansas Department of Correction

RESPONDENT
ORDER

Petitioner David E. Lewis has moved for a second time for leave to conduct
discovery under Rule 6 of the Rules Governing § 2254 Cases. (Docket entry #11) In his
motion, Mr. Lewis requests the Court provide him a complete copy of the trial transcript
and transcript of post-trial proceedings so that he can abstract testimony he believes is
pertinent to his claims.
Unlike in state court, here Mr. Lewis is not required to abstract testimony in order
to proceed with his petition. Under Rule 5 of the Rules Governing Section 2254 Cases in
the United States District Courts, Respondent Norris has answered the petition and has
furnished the Court with the complete trial transcript, a transcript of the post-conviction
proceedings, and relevant appellate filings. The Court views these exhibits as relevant to
the issues raised in the petition. If, after further review, the Court finds that other
documents relevant to the issues raised in the petition are required, the Court will then
order Director Norris to furnish those additional documents. For the present, however,
Mr. Lewis’s motion to conduct discovery (#11) is DENIED, without prejudice.

IT IS SO ORDERED this 5th day of December, 2014.

____________________________________
UNITED STATES MAGISTRATE JUDGE

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