Decay v. Kelley

Filing 57

ORDER advising the parties at this time that, after the Eighth Circuit issues its decision in Marcyniuk v. Payne, this Court will set a briefing schedule for the parties to address both the decision in Shinn v. Ramirez and Marcyniuk v. Payne, along with other issues the parties wish to raise and brief with the Court in this case. Signed by Judge Kristine G. Baker on 6/16/2022. (kdr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
CAPITAL CASE
GREGORY DECAY
v.

PETITIONER
Case No. 5:15-cv-00203-KGB

DEXTER PAYNE, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

Before the Court is the status of this case. Pending before the Court is petitioner Gregory
Decay’s amended petition for writ of habeas corpus (Dkt. No. 3). Also pending before the Court
is Mr. Decay’s request for discovery, to expand the record, to hold an evidentiary hearing on the
issues of procedural default and the merits of Mr. Decay’s claims, and to entertain full merits
briefing before any claim is dismissed (Dkt. No. 22, at 87). The Court understands Mr. Decay to
request, in part, an evidentiary hearing on his procedurally defaulted ineffective-assistance-ofcounsel claims under Martinez v. Ryan, 566 U.S. 1 (2012) (Dkt. No. 22, at 87). The parties
submitted status reports on December 30, 2021, informing the Court of additional supplemental
authority that might warrant further briefing from the parties (Dkt. Nos. 52–53). In their status
reports, the parties advised that the Supreme Court’s decision in Shinn v. Ramirez, Case No. 201009, and the Eighth Circuit’s decision in Marcyniuk v. Payne, Case No. 19-1943, may impact the
Court’s resolution of Mr. Decay’s claims (Id.)
On May 23, 2022, the Supreme Court issued its decision in Shinn v. Ramirez, 596 U.S. –,
2022 WL 1611786 (2022), and the Eighth Circuit’s decision in Marcyniuk v. Payne is forthcoming.
The Court advises the parties at this time that, after the Eighth Circuit issues its decision in
Marcyniuk v. Payne, this Court will set a briefing schedule for the parties to address both the

decision in Shinn v. Ramirez and Marcyniuk v. Payne, along with other issues the parties wish to
raise and brief with the Court in this case.
So ordered this 16th day of June, 2022.
________________________________
Kristine G. Baker
United States District Judge

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