Grayson v. Epps, et al

Filing 71

ORDER granting 64 Motion to Proceed ex Parte, in Camera, and on a Sealed Record; Petitioner may submit his request for funding ex parte and under seal; granting 70 Motion for Extension of Time to Request Leave to Submit a Supplemental Pleading; Request due on or before May 31, 2016. Signed by District Judge Carlton W. Reeves on April 5, 2016 (Rushing, Terryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
BLAYDE GRAYSON

PETITIONER

VS.

CIVIL ACTION NO.: 1:04CV708CWR

EARNEST LEE, Superintendent, Mississippi
State Penitentiary; MARSHALL L. FISHER,
Commissioner, Mississippi Department of
Corrections; and JIM HOOD, Attorney
General of the State of Mississippi

RESPONDENTS

ORDER
This matter came before the Court on Petitioner’s Motion for Additional Time to Request
Leave to Submit a Supplemental Pleading in support of Amended Petition for Writ of Habeas
Corpus. [Doc. #70] By this Motion, Petitioner requests an additional sixty days to file that request,
making it due on or before May 31, 2016. Petitioner’s counsel has been unable to reach counsel for
the Respondents to determine whether there would be any objection to this request. The Court,
however, understands that the State ordinarily does not oppose a reasonable request for more time.
That being the case, and based on the reasons given in the Motion, the Court is of the opinion that
the Motion has merit and should be granted.
Also pending before the Court is Petitioner’s Third Motion for Leave to Proceed ex Parte,
in Camera, and on a Sealed Record with regard to Application for Expert Assistance pursuant to 18
U.S.C. § 3599(f) [Doc. #64]. This Motion was originally accompanied by an Ex Parte Motion for
Funding for Expert Assistance; however, because the Motion for Funding was filed prematurely,
before the Court had ruled on the request for sealing, the Clerk’s office terminated it. The Motion
to proceed on a sealed record remains pending, however, and the Court is of the opinion that it has

merit and should also be granted. Petitioner will, therefore, be permitted to file his request for
funding under seal, in accordance with the procedures established in L.U.Civ. R. 79 and the
Administrative Procedures of the Court.
IT IS, THEREFORE, ORDERED that for Additional Time to Request Leave to Submit
a Supplemental Pleading in support of Amended Petition for Writ of Habeas Corpus [Doc. #70] is
hereby granted, and the Request is due on or before May 31, 2016.
IT IS FURTHER ORDERED that the Third Motion for Leave to Proceed ex Parte, in
Camera, and on a Sealed Record with regard to Application for Expert Assistance pursuant to 18
U.S.C. § 3599(f) [Doc. 64] is granted, and Petitioner may submit his request for funding ex parte and
under seal.
IT IS SO ORDERED, this the 5th day of April, 2016.

/s/ Carlton W. Reeves
Hon. Carlton W. Reeves
UNITED STATES DISTRICT JUDGE n

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