Mercer v. Steele

Filing 25

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Petitioners motion (Doc. No. 23) for an order to compel the release of documents from various government entities, and the depositions of various individuals is DENIED, upon consideration of t he relevant factors for allowing discovery in federal habeas cases. Petitioner has failed to demonstrate the good cause required for this Court to permit the discovery he seeks. See Watson v. Nixon, No. No. 4:10CV2161 FRB, 2012 WL 566366, at *3 (E. D. Mo. Feb. 7, 2012). IT IS FURTHER ORDERED that Petitioners motion (Doc. No. 22) for an extension of time to file a traverse is GRANTED, and the traverse filed on September 17, 2012, shall be fully considered by the Court. IT IS FURTHER O RDERED that Petitioners motion (Doc. No. 22) for an order to compel Respondent to open the prison law library is DENIED. The present action is limited to the question of whether habeas relief should be granted to Petitioner under 28 U.S.C. § 2254. Signed by District Judge Audrey G. Fleissig on 10/30/2012. (KSM)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
RICHARD S. MERCER,

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Petitioner,
v.
TROY STEELE,
Respondent.

No. 4:11CV02038 AGF

MEMORANDUM AND ORDER
IT IS HEREBY ORDERED that Petitioner’s motion (Doc. No. 23) for an order to
compel the release of documents from various government entities, and the depositions of various
individuals is DENIED, upon consideration of the relevant factors for allowing discovery in
federal habeas cases. Petitioner has failed to demonstrate the good cause required for this Court
to permit the discovery he seeks. See Watson v. Nixon, No. No. 4:10CV2161 FRB, 2012 WL
566366, at *3 (E.D. Mo. Feb. 7, 2012).
IT IS FURTHER ORDERED that Petitioner’s motion (Doc. No. 22) for an extension of
time to file a traverse is GRANTED, and the traverse filed on September 17, 2012, shall be fully
considered by the Court.
IT IS FURTHER ORDERED that Petitioner’s motion (Doc. No. 22) for an order to
compel Respondent to open the prison law library is DENIED. The present action is limited to
the question of whether habeas relief should be granted to Petitioner under 28 U.S.C. § 2254.

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Dated this 30th day of October, 2012.

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AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE