O'Kelley v. Warden

Filing 122

ORDER granting in part and denying in part 113 Motion for Reconsideration. Signed by Judge William T. Moore, Jr. on 5/28/20. (jrb)

U.S. DiSTKlcPcn'-;.-^!
rsTi ^AV', snJAU :m\!

IN THE UNITED STATES DISTRICT COURT FOR SAV/^-niAH Dlv'
THE SOUTHERN DISTRICT OF GEORGIA '/pir,

SAVSMNAH DIVISION

II ^ 1.2
CLERK,

DORIAN FRANK CKELLEY,

njlSrOr GA.
Petitioner,
CASE NO. CV415-104

V.

WARDEN, Georgia Diagnostic
Prison,

Respondent.

ORDER

Before the Court is Petitioner Dorian Frank O'Kelley's Motion
for Reconsideration of the Court's Procedural Default Order and to

Amend Petition for Writ of Habeas Corpus. (Doc. 113.) In his motion.

Petitioner requests that this Court partially reconsider its order
dismissing many of Petitioner's claims or, in the alternative,

permit Petitioner to amend his petition. (Id.) For the following
reasons.

Petitioner's

motion

(Doc.

113)

is

DENIED

IN PART

and

GRANTED IN PART.

BACKGROUND

In 2005, Petitioner was convicted and sentenced to death by
the

Superior

Court

of

Chatham

County for

the

murders

of

Susan

Pittman and her thirteen-year-old daughter, Kimberly Pittman. (Doc.
16, Attach. 19 at 2-5; Doc. 33, Attach. 5 at 15-16.) After the

completion of his direct appeal and state habeas court proceedings,
Petitioner O'Kelley filed a

petition for habeas corpus in this