White v. Kelly
ORDER denying 7 Motion to Appoint Counsel ; granting 10 Motion to Enter Exhibit as Evidence; denying 12 Motion to Order Defendant to Answer; granting 14 Motion to Enter Exhibit as Evidence; denying 15 Motion to Compel; granting 16 Motion to Enter Exhibit as Evidence; granting 17 Motion to Amend/Correct; granting 19 Motion to Enter Exhibit as Evidence. Signed by Honorable Barry A. Bryant on January 20, 2017. (mll)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
Case No. 4:16-cv-4067
WENDY KELLY, Director
Arkansas Department of Correction
BEFORE the Court are the following motions filed by Petitioner: Motion to Appoint Counsel
(ECF No. 7), Motion to Enter as Exhibit (ECF No. 10), Motion to Order Defendant to Answer (ECF
No. 12), Motion to Enter as Exhibit (ECF No. 14), Motion to Compel (ECF No. 15), Motion to
Enter as Exhibit (ECF No. 16), Motion to Amend or Correct Supplement (ECF No. 17),
Motion to Enter Grievance as Evidence (ECF No. 19). There has been no response to any of the
Motions. The Court rules as follows:
Motion to Appoint Counsel (ECF No. 7): Pursuant to Rule 6 of the Rules Governing
Section 2254 Cases, counsel should be appointed "if necessary for effective discovery." No
discovery appears to be necessary in this case. Petitioner has adequately stated the grounds for relief
and the facts supporting those grounds for relief. There is a pending Motion to Dismiss the Petition.
Further, the Court has not determined whether a hearing in this matter will be ordered. Accordingly,
Petitioner's Motion to Appoint Counsel (ECF No. 7) is DENIED. Should a hearing be ordered in
this matter the Court will revisit the issue of appointment of counsel.
2. Motion(s) to Enter as Exhibit (ECF Nos. 10, 14, 16, and 19): Petitioner filed his original
Petition on July 7, 2016, and his Supplemental Petition on August 16, 2016. Thereafter, he filed
the four pending motions to “enter as exhibit”. With each of these motions Petitioner requests he
be allowed to supplement his Petition with argument and a specific exhibit. I note Petitioner has
already filed one Supplemental Petition. I find the four Motion(s) to Enter as Exhibit (ECF Nos.
10, 14, 16, and 19) should be GRANTED. The Court will consider each of these as supplements
to his claims in this matter.
Motion to Order Defendant to Answer (ECF No. 12): This Motion is DENIED.
Respondent has properly responded to the Petition by filing a Motion to Dismiss.
4. Motion to Compel (ECF No. 15): With this Motion Petitioner seeks to compel this Court
to rule on a Motion he filed on August 15, 2016. While there were no motions actually filed on
August 15, 2016, the Court will rule on all matters pending before it in due course. The
Motion to Compel (ECF No. 15) is DENIED.
5. Motion to Amend or Correct Supplement (ECF No. 17): This Motion to Amend or
Correct Supplement (ECF No. 17) is GRANTED and the Court will consider it as a second
supplement to the original Petition.
6. Future Motions to Amend, Supplement or provide Exhibits: Petitioner has filed an
original petition, two supplements and four motions offering exhibits in support of his claims. A
party is not entitled to unlimited filings amending or supplementing his claims. IT IS ORDERED
THAT Petitioner file no further amendment, supplement or exhibit in support of his Petition
until directed by the Court to do so. Any such amendment, supplement or exhibit in support
of his Petition will be subject to summary denial. Repeated violations of this Order may result
in dismissal of the Petition for failure to follow an Order of the Court.
IT IS SO ORDERED this 20th day of January 2017
s/ Barry A. Bryant
HON. BARRY A. BRYANT
U.S. MAGISTRATE JUDGE
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