Kasenge v. Ryan

Filing 21

Judge Rya W. Zobel: ORDER entered granting in part and denying in part 18 Motion for More Definite Statement. Petitioner shall file a more definite statement of Ground 2 on or before 12/13/13. (Urso, Lisa)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

CIVIL ACTION NO. 13-11725-RWZ

JESSE KASENGE
v.
KELLY RYAN, Superintendent

ORDER
November 21, 2013

ZOBEL, D.J.
A jury convicted Jesse Kasenge of two counts of distribution of cocaine (second
or subsequent offense)1 in violation of Mass. Gen. L. 94C § 32A(d) and one count of
distribution of cocaine within a school zone in violation of Mass. Gen. L. 94C § 32J. He
has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Presently
before me is respondent’s motion (Docket # 18) to order petitioner to file a more
definite statement of the grounds upon which his petition is based. See Fed. R. Civ. P.
12(e).
Petitioner alleges he is entitled to habeas relief on three grounds: (1) a
prosecution witness falsely testified at trial regarding Massachusetts Registry of Motor
Vehicles records; (2) a police detective relied upon “erroneous reports;” and (3) the
1

Kasenge pleaded guilty to the second or subsequent offense portion of the charge.

evidence was insufficient to support his conviction. See Jackson v. Virginia, 443 U.S.
307, 324 (1979). In his motion, respondent observes that Ground One and Ground
Three correspond to Arguments V and II, respectively, in the brief petitioner’s counsel
filed in the Massachusetts Appeals Court pursuant to Commonwealth v. Moffett, 418
N.E.2d 585 (Mass. 1981), but asserts that Ground Two is too indefinite to allow him to
draft an appropriate response. Assuming that respondent’s understanding of the
content of Grounds One and Three is correct, I agree that the petition’s articulation of
Ground Two is “so vague or ambiguous that [respondent] cannot reasonably prepare a
response.” Fed. R. Civ. P. 12(e).
Accordingly, respondent’s motion (Docket # 18) is ALLOWED with respect to
Ground Two and DENIED with respect to Grounds One and Three. Petitioner shall file
a more definite statement of Ground Two on or before December 13, 2013.

/s/Rya W. Zobel

November 21, 2013
DATE

RYA W. ZOBEL
UNITED STATES DISTRICT JUDGE

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