Moffett v. Epps et al

Filing 39

ORDER denying as premature 11 Motion to Supplement Evidence and Amend Argument. Denial is without prejudice; Petitioner may re-urge relief at a later date. Signed by District Judge Carlton W. Reeves on March 31, 2016 (Rushing, Terryl)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
ERIC MOFFETT
VS.

PETITIONER
CIVIL ACTION NO. 3:14CV639CWR

COMMISSIONER MARSHALL L. FISHER,
Commissioner, Mississippi Department of
Corrections, and JIM HOOD, Attorney General
of the State of Mississippi

RESPONDENTS

ORDER DENYING AS PREMATURE MOTION TO
SUPPLEMENT EVIDENCE AND AMEND ARGUMENT
This matter came before the Court on Petitioner's Motion for Leave to Supplement
Evidence and Amend Argument [Doc. #11]. This Motion was filed contemporaneously with a
Motion for Leave to File Ex Parte Application for Expert Assistance [Doc. #9]. The second
Motion was granted; however, the Court has not yet authorized the Petitioner to hire an expert
witness. Because the Motion currently before the Court cannot be decided until an expert
witness has been approved and additional evidence derived thereby, the Court is of the opinion
that it was filed prematurely and should be denied as such. This denial is without prejudice to
the Petitioner's right to re-urge this relief after being granted permission to retain an expert and
after additional probative evidence is obtained through that expert.
IT IS, THEREFORE, ORDERED that the Petitioner's Motion for Leave to Supplement
Evidence and Amend Argument [Doc. #11] is hereby denied as premature. Petitioner may reurge this relief at a later date.
SO ORDERED, this the 31st day of March, 2016.
/s/ Carlton W. Reeves
Hon. Carlton W. Reeves
United States District Judge