Filing 8

Entry Concerning Selected Matters - denying 6 Motion to stay proceedings; denying 7 Motion for discovery. (See Entry.) Copies distributed pursuant to distribution list. Signed by Judge Jane Magnus-Stinson on 11/7/2013. (RSF)

Download PDF
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION ROBERT DAVID NEAL, Petitioner, vs. JOHN C. OLIVER, Respondent. ) ) ) ) ) ) ) ) No. 2:13-cv-199-JMS-WGH Entry Concerning Selected Matters The court, having considered the above action and the matters which are pending, makes the following rulings: 1. The motion to stay proceedings [dkt. 6] is denied because the measures sought and the authorities cited in such motion have no connection with the proper adjudication of Mr. Neal’s petition for a writ of habeas corpus. 2. Rule 1(b) of the Rules Governing Section 2254 Cases in the United States District Courts provides that such Rules are appropriately applied to proceedings undertaken pursuant to 28 U.S.C. § 2241. See, e.g., Patton v. Fenton, 491 F.Supp. 156, 158–59 (M.D.Pa. 1979). Rule 6(a) of such Rules 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 may, through discovery, be able to garner sufficient evidence to entitle him to relief. See id. at 908-09. 3. Discovery has not been authorized in this action for habeas corpus relief. The motion [dkt. 7] seeking discovery in the form of requests for admissions does not separately warrant discovery and is therefore denied. IT IS SO ORDERED. _______________________________ Date: 11/07/2013 Hon. Jane Magnus-Stinson, Judge United States District Court Southern District of Indiana Distribution: Office of the United States Attorney 10 West Market Street Suite 2100 Indianapolis, IN 46204-3048 ROBERT DAVID NEAL 15151-180 TERRE HAUTE FEDERAL CORRECTIONAL INSTITUTION Inmate Mail/Parcels P.O. BOX 33 TERRE HAUTE, IN 47808

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?