Brinson v. Perry

Filing 22

ORDER denying 18 Motion to Compel. Signed by Magistrate Judge Brian K. Epps on 7/14/15. (cmr)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA DUBLIN DIVISION RONALD A. BRINSON, Petitioner, v. HOMER BRYSON, Commissioner,1 Respondent. ) ) ) ) ) ) ) ) ) CV 315-015 _________ ORDER _________ Petitioner Ronald A. Brinson, an inmate currently incarcerated at Coffee Correctional Facility in Nicholls, Georgia, brings the above-styled petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has filed a motion to compel a response from Respondent in regards to his claim in ground five that he received ineffective assistance of counsel when the trial court failed to rule on his motion to remove appellate counsel. (Doc. no. 18.) The Rules Governing Section 2254 Proceedings do not contemplate compelling a legal argument from Respondent, and Respondent has already responded to Petitioner’s claims in ground five. (See doc. nos. 20, 8-1.) Petitioner’s motion is improper, and thus, the 1 The Court DIRECTS the Clerk to terminate Warden Grady Perry as a respondent as Homer Bryson is the only respondent left in this case. (Doc. no. 14.) Court DENIES Petitioner’s motion to compel. (Doc. no. 18.) SO ORDERED this 14th day of July, 2015, at Augusta, Georgia. 2

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