Cordell v. Steele

Filing 17

MEMORANDUM AND ORDER re: :IT IS HEREBY ORDERED that Petitioner Larry J. Cordell's Motion to Supplement Traverse to Respondent's Reply (Doc. 16 ) is GRANTED, in part. The Court will review Petitioner's supplement when it takes up Petitioner's Section 2254 Petition. However, to the extent Petitioner requests an evidentiary hearing, that request is DENIED without prejudice.. Signed by District Judge John A. Ross on 12/21/15. (KKS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
LARRY J. CORDELL,
Petitioner,
vs.
TROY STEELE,
Respondent.

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Case No. 4:15-cv-01055-JAR

MEMORANDUM AND ORDER
This matter is before the Court on Petitioner Larry J. Cordell’s Motion to
Supplement Traverse to Respondent’s Reply (Doc. 16). Petitioner requests the Court
consider his motion as a supplement to his brief already before the Court. For good cause
shown, the Court will grant Petitioner’s request. Petitioner also requests an evidentiary
hearing (Doc. 16 at 2). However, at this stage of the litigation, it appears that the state
court record contains sufficient facts to make an informed decision on the merits of
Petitioner’s claims. If the Court later determines that this record is insufficient to resolve
the issues, the Court will schedule an evidentiary hearing. Therefore, the Court will deny
Petitioner’s request for an evidentiary hearing at this time.
Accordingly,
IT IS HEREBY ORDERED that Petitioner Larry J. Cordell’s Motion to
Supplement Traverse to Respondent’s Reply (Doc. 16) is GRANTED, in part. The
Court will review Petitioner’s supplement when it takes up Petitioner’s Section 2254

Petition. However, to the extent Petitioner requests an evidentiary hearing, that request is
DENIED without prejudice.
Dated this 21st day of December, 2015.

_______________________________
JOHN A. ROSS
UNITED STATES DISTRICT JUDGE