HUNTER v. OLIVER

Filing 11

ENTRY - The petitioner's motion for extension of time was not timely filed, but the Court shall give the petitioner additional time to file his reply. The petitioner's motion for extension of time [dkt. 10] is granted to the extent th at he shall have through September 13, 2013, in which to file his reply. The petitioner's motion for extension of time [dkt. 10] is denied, however, to the extent that he seeks the additional time to conduct discovery. (See Entry.) Copy to petitioner via US Mail. Signed by Judge Jane Magnus-Stinson on 8/19/2013. (RSF)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION
KEWIA T. HUNTER,
Petitioner,
vs.
JOHN OLIVER,
Respondent.

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Case No. 2:13-cv-0115-JMS-WGH

ENTRY
The petitioner’s motion for extension of time was not timely filed, but the Court shall
give the petitioner additional time to file his reply. The petitioner’s motion for extension of time
[dkt. 10] is granted to the extent that he shall have through September 13, 2013, in which to
file his reply. The petitioner’s motion for extension of time [dkt. 10] is denied, however, to the
extent that he seeks the additional time to conduct discovery.
Rule 6(a) of the Rules Governing ' 2254 Cases, 28 U.S.C. ' 2254, allows habeas corpus
petitioners to conduct civil discovery "if, and to the extent that, the judge in the exercise of his
discretion and for good cause shown grants leave to do so, but not otherwise." See Bracy v.
Bramley, 520 U.S. 899, 904 (1997) (AA habeas petitioner, unlike the usual civil litigant in federal
court, is not entitled to discovery as a matter of ordinary course@). In order to be entitled to
discovery, a petitioner must make specific factual allegations that demonstrate that there is good
reason to believe that the petitioner, through discovery, may be able to garner sufficient evidence
to entitle him to relief. See id. at 908-09. Discovery has not been authorized in this action and the
petitioner’s motion for extension of time does not separately warrant discovery.
IT IS SO ORDERED.

08/19/2013
Date: __________________

_______________________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana

Distribution:
Electronically registered counsel
Kewia T. Hunter
Reg. No. 65757-061
Terre Haute FCI
P.O. Box 33
Terre Haute, IN 47808