Cain v. Bureau of Prisons et al

Filing 38

ORDER dismissing 36 Motion for Discovery ; Petitioner shall file his traverse on, or before, January 25,2021. Signed by Honorable Malachy E Mannion on 1/6/21 (ep)

Case 3:17-cv-00105-MEM-DB Document 38 Filed 01/06/21 Page 1 of 2

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
LENNY CAIN,

:
CIVIL ACTION NO. 3:17-0105
Petitioner

:
(JUDGE MANNION)

v.

:

WARDEN SPAULDING,

:

Respondent

:
ORDER

Presently before the Court is Petitioner’s October 22, 2020 “motion to
produce any and all discovery dealing with [Petitioner’s] incident report” and
“specifically any and all email correspondence with staff dealing with this
incident.” (Doc. 36).
Rule 6 of the Rules Governing §2254 Cases states that “[a] judge may,
for good cause, authorize a party to conduct discovery under the Federal
Rules of Civil Procedure and may limit the extent of discovery.” “A habeas
petitioner may satisfy the ‘good cause’ standard by setting forth specific
factual allegations which, if fully developed, would entitle him or her to the
writ.” See Williams v. Beard, 637 F.3d 195, 209 (3d Cir. 2011) (citing Harris
v. Nelson, 394 U.S. 286, 300 (1969); Lave v. Dretke, 416 F.3d 372, 380 (5th
Cir. 2005)).

Case 3:17-cv-00105-MEM-DB Document 38 Filed 01/06/21 Page 2 of 2

On October 16, 2020, Respondent filed their supplemental response,
addressing the merits of Cain’s petition for writ of habeas corpus. (Doc. 34).
Attached as exhibits to the supplement are all records pertaining to
Petitioner’s incident report. Id. Additionally, Respondent attaches a
certificate of service indicating that their response and exhibits were served
through the mail on Petitioner on October 16, 2020. Id. As it appears that
quite possibly Petitioner’s receipt of Respondent’s exhibits may have
crossed in the mail with the filing of Petitioner’s motion, the Court will dismiss
Petitioner’s motion for discovery without prejudice to renewal, if that is the
case.
IT IS HEREBY ORDERED THAT:
1. Petitioner’s motion for discovery (Doc. 36) is DISMISSED
without prejudice.
2. Petitioner shall file his traverse on, or before, January 25,
2021.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Dated: January 6, 2021
17-0105-04

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