Hester v. Ramey

Filing 10

MEMORANDUM AND ORDER re: 9 MOTION to Produce filed by Petitioner Edison Hester, 8 MOTION for Extension of: Time to Respond to Order Show Cause filed by Petitioner Edison Hester. IT IS HEREBY ORDERED that Petitioner's "Motion for Extension of Time to Respond to Order Show Cause" (Docket No. 8) is GRANTED. Petitioner shall have an additional thirty (30) days from the date of this order to respond to the Court's September 24, 2018 order to show cause. IT IS FURTH ER ORDERED that petitioner's "Motion for Immediate Orders to Produce Records in Order to Respond to Order Show Cause" (Docket No. 9) is DENIED. IT IS FURTHER ORDERED that if petitioner fails to comply with this Order, the Court will dismiss this action without prejudice. (Show Cause Response due by 11/19/2018.) Signed by District Judge Stephen N. Limbaugh, Jr on 10/19/18. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
EDISON HESTER,
Petitioner,
v.
EILEEN RAMEY,
Respondent.

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No. 4:18-CV-845 SNLJ

MEMORANDUM AND ORDER
This matter comes before the Court on petitioner Edison Hester’s “Motion for Extension
of Time to Respond to Order Show Cause.” (Docket No. 8). Petitioner has also filed a “Motion
for Immediate Orders to Produce Records in Order to Respond to Order Show Cause.” (Docket
No. 9).
On September 24, 2018, the Court ordered petitioner to show cause why his application
for writ of habeas corpus pursuant to 28 U.S.C. § 2254 should not be dismissed for failure to
exhaust state remedies. (Docket No. 7). Petitioner was given twenty-one days in which to
respond.
Petitioner seeks an extension of time in which to file his response. In his motion, he states
that he needs more time to research certain issues. Good cause having been shown, the Court will
extend petitioner’s time to respond to the September 24, 2018 order to show cause.
Petitioner’s motion for production asks this Court to order the state to turn over all his
criminal files, in addition to any associated civil files concerning his mental health and mental
health evaluations. While petitioner may seek the release of such records on his own, the Court is
unable to provide petitioner with copies of his mental health file and criminal records. The Court

does not have such records in its possession. Furthermore, the Court cannot order the state to
hand over these records as the state is not a party at this juncture of the proceedings. Therefore,
petitioner’s motion for an order to produce records is denied.
Accordingly,
IT IS HEREBY ORDERED that petitioner’s “Motion for Extension of Time to
Respond to Order Show Cause” (Docket No. 8) is GRANTED. Petitioner shall have an
additional thirty (30) days from the date of this order to respond to the Court’s September 24,
2018 order to show cause.
IT IS FURTHER ORDERED that petitioner’s “Motion for Immediate Orders to
Produce Records in Order to Respond to Order Show Cause” (Docket No. 9) is DENIED.
IT IS FURTHER ORDERED that if petitioner fails to comply with this Order, the
Court will dismiss this action without prejudice.
Dated this 19th day of October, 2018.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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