Lebere v. Abbott, et al

Filing 102

ORDER by Magistrate Judge Boyd N. Boland on 9/15/14 re: Petitioner's Motion to Conduct Discovery in Support of his Amended Application for Writ of Habeas Corpus 92 and Petitioner's Motion for Status Conference 94 . On or be fore 9/29/2014, the petitioner shall file a supplemental brief, not exceeding ten pages, addressing the propriety and necessity of an evidentiary hearing. The respondents shall file a supplemental response, not exceeding ten pages, on or before 10/13/2014. (bsimm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 03-cv-01424-MSK-BNB
KENT ERIC LEBERE,
Applicant,
v.
JAMES ABBOTT, Warden, and
JOHN W. SUTHERS, the Attorney General of the State of Colorado,
Respondents.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter is before me on Petitioner’s Motion to Conduct Discovery in Support of his
Amended Application for Writ of Habeas Corpus [Doc. #92] and Petitioner’s Motion for Status
Conference [Doc. #94]. The motions are opposed.
I find that it is necessary to hold a status conference/motions hearing to address (1)
whether discovery should be allowed and, if so, its extent, and (2) whether an evidentiary
hearing on issues raised in the Amended Application is permissible or required. Prior to the
status conference/motions hearing, however, the parties are directed to file supplemental briefs
addressing whether an evidentiary hearing is permissible or required in this matter.
IT IS ORDERED:
(1) On or before September 29, 2014, the petitioner shall file a supplemental brief,
not exceeding ten pages, addressing the propriety and necessity of an evidentiary hearing and
identifying those issues on which he believes evidence is necessary; and
(2) The respondents shall file a supplemental response, not exceeding ten pages, on or

before October 13, 2014.
Dated September 15, 2014.
BY THE COURT:

s/ Boyd N. Boland
United States Magistrate Judge

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