Jones v. Head

Filing 79

ORDER granting 73 Motion to repopen ; denying as moot 74 Motion for Hearing, denying 58 Motion for Hearing. The Court DIRECTS Petitioner and Respondent to each file a single supplemental brief addressing the question of an evidentiary hearing in light of Pinholster. Both parties are directed to file their briefs within thirty days from the date of this order. Signed by Judge William T. Moore, Jr on 9/15/15. (wwp)

IN THE UNITED STATES DISTRICT COURT FOR
US
THE SOUTHERN DISTRICT OF GEORGIA
WAYCROSS DIVISION

ASHLEY LYNDOL JONES,

SEP lb IJJIS

)

Petitioner,
Li
V

CASE NO. CV502-116

.

FREDRICK HEAD',
Respondent.

ORDER

Before the Court are Respondent's Motion to Reopen
Petitioner's Section 2254 Capital Habeas Case (Doc. 73) and
Respondent's Motion for Expedited Hearing on the Motion to
Reopen (Doc. 74) to which Petitioner has filed a response
(Doc. 76) . After careful consideration of the motions and
record in this case, the Respondent's Motion to Reopen
Petitioner's Section 2254 Capital Habeas Case is

GRANTED.

As a result, Respondent's Motion for Expedited Hearing is
DENIED as moot.

Also before this Court is Petitioner's Motion for
Evidentiary Hearing (Doc, 58) to which Respondent has filed
a Response (Doc. 59) . At this time, the Court finds it
1

Respondent is also encouraged to file a motion to amend
the caption to reflect the appropriate parties in this case
as the Court understands there is a new warden at the
Georgia Diagnostic and Classification Center. (Doc. 73, n.
1.)

necessary to

DENY

the Motion for Evidentiary Hearing.

Subsequent to the Petitioner filing his Motion, the Supreme
Court issued its opinion in Cullen v._Pinhoister, 563 U.S.
170 (2011), providing further direction with respect to
this Court's ability to grant Petitioner's request for an
evidentiary hearing. Given the potential impact of
Pinhoister on Petitioner's entitlement to an evidentiary
hearing, the Court feels it prudent to permit the parties
to file supplemental briefs addressing the significance, if
any, of Pinholster on this case. Therefore, this Court
DIRECTS

Petitioner and Respondent to each file a single

supplemental brief addressing the question of an
evidentiary hearing in light of Pinholster. Both parties
are directed to file their briefs within thirty days from
the date of this order. After the benefit of supplemental
briefing, this Court will reconsider whether Petitioner is
entitled to an evidentiary hearing.

SO ORDERED this

/S " day of September 2015.

WILLIAM T. MOORE, JR.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA