Benish v. Houston

Filing 31

MEMORANDUM AND ORDER denying 26 Petitioner's Motion for Leave for Discovery. Respondent has already filed all records considered by the state courts in the state court proceedings. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed/e-mailed to pro se party)(JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
RICHARD L. BENISH,
Petitioner,
v.
ROBERT HOUSTON,
Respondent.

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4:10CV3241

MEMORANDUM
AND ORDER

This matter is before the court on Petitioner Richard Benish’s (“Benish”)
“Motion for Leave for Discovery.” (Filing No. 26.) Respondent has already filed all
records considered by the state courts in the state court proceedings. (See Filing No.
25.) In light of this, Benish’s “Motion for Leave for Discovery” is denied. In the
event the court determines that additional records are necessary to resolve the issues
presented in Benish’s Petition for Writ of Habeas Corpus, the court will order
Respondent to provide them.
IT IS THEREFORE ORDERED that: Petitioner’s “Motion for Leave for
Discovery” (filing no. 26) is denied.
DATED this 11th day of May, 2011.
BY THE COURT:
s/ Joseph F. Bataillon
Chief United States District Judge

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