Goodwin v. Kelley
ORDER vacating 28 Order and 29 Judgment and denying as moot 30 Application for stay. Goodwin's 9 objection is overruled. The Court refers this case back to Magistrate Judge Harris to consider Goodwin's renewed request. The Court would appreciate a supplemental or amended recommendation in due course. Signed by Judge D. P. Marshall Jr. on 4/11/2018. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
CHARLES EDWARD GOODWIN
WENDY KELLEY, Director,
Arkansas Department of Correction
1. Last fall, Goodwin belatedly objected to Magistrate Judge
Harris's Order denying his early motion for discovery. NQ 4, 5 & 9;
R. Crv. P. 72(a). Goodwin's objection was mistakenly docketed as
a response. NQ 9. The Court overlooked it.
The Court therefore
vacates its 28 March 2018 Order and Judgment.
NQ 28 & NQ 29.
Goodwin's application for a stay of the Judgment, NQ 30, is denied as
2. Goodwin's September 2017 objection was untimely-late by
about a month. On its merits, Magistrate Judge Harris didn't clearly
err or misapply the law in denying-without prejudice-Goodwin's
motion at the threshold of this case for his state discovery file. NQ5;
R. Crv. P. 72(a); Bracy v. Gramley, 520 U.S. 899, 908-09 (1997).
Goodwin's objection to that Order, NQ 9, is overruled.
3. Goodwin renewed his discovery request in his objections to
the recommendation, NQ 26 at 3-4. That renewed request is entitled to
another look. The Court therefore refers this case back to Magistrate
Judge Harris to consider Goodwin's renewed request.
Goodwin's initial motion, the State has filed the trial record, plus
some appellate opinions, and Goodwin has amended his petition.
NQ 10, 18, 19 & 20. An updated discovery request may therefore be
The Court leaves that issue in Magistrate Judge Harris' s
The deeper questions are these:
Is Goodwin entitled to
discovery? If so, should any new material beyond the current record
be provided to Goodwin or reviewed in camera?
And does any
discovery allowed affect the suggested disposition of Goodwin's
The Court would appreciate a supplemental or
amended recommendation in due course.
D.P. Marshall fr.
United States District Judge
/I ffpV./ :Zo 18
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