NEAL v. OLIVER

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)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION
ROBERT DAVID NEAL,
Petitioner,
vs.
JOHN C. OLIVER,
Respondent.

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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