REED v. WATSON

S.D. Indiana

REED v. WATSON

DecidedApril 16, 2020

Docket2:20-cv-00112

StatusUnknown

This text of REED v. WATSON (REED v. WATSON) is published on Counsel Stack Legal Research, covering District Court, S.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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REED v. WATSON, (S.D. Ind. 2020).

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Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION

ANTOINE S. REED, ) ) Petitioner, ) ) v. ) No. 2:20-cv-00112-JPH-MJD ) T.J. WATSON Warden, ) ) Respondent. )

ENTRY ON PENDING MOTIONS

The Court, having considered the matters which are pending, issues the following rulings: 1. The petitioner’s motion for discovery, filed on April 13, 2020, requests copies of various documents relating to another offender’s disciplinary proceeding. He alleges that these documents will support his claim that his staff representative had a conflict of interest because he assisted both petitioner and the other offender. “Discovery in habeas corpus actions is extremely limited.” Glascoe v. Bezy, 421 F.3d 543, 549 (7th Cir. 2005); see also Tabb v. Christianson, 855 F.3d 757, 763 (7th Cir. 2017) (“As a general rule, federal habeas petitions must be decided on state court records.”). Rule 6 of the Rules Governing § 2254 Cases provides that a judge may authorize discovery only if good cause is shown. As asserted by the respondent in the response to order to show cause, an offender does not have a due process right to the appointment of a staff representative unless he is illiterate or the process is too complex for him to understand, neither of which is alleged in this case. Therefore, good cause for discovery has not been shown. The petitioner’s motion for discovery, dkt. [7], is DENIED. 2. The petitioner’s motion for extension of time to file his reply, dkt. [8], is GRANTED. He shall have through June 5, 2020, to file his reply. SO ORDERED. Date: 4/16/2020 Slam ruck banter Distribution: James Patrick Hanlon United States District Judge ANTOINE S. REED Southern District of Indiana 36618-044 TERRE HAUTE - USP TERRE HAUTE U.S. PENITENTIARY Inmate Mail/Parcels P.O. BOX 33 TERRE HAUTE, IN 47808 Lara K. Langeneckert UNITED STATES ATTORNEY'S OFFICE (Indianapolis) langeneckert @usdoj.gov

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION

ANTOINE S. REED, ) ) Petitioner, ) ) v. ) No. 2:20-cv-00112-JPH-MJD ) T.J. WATSON Warden, ) ) Respondent. )

ENTRY ON PENDING MOTIONS

The Court, having considered the matters which are pending, issues the following rulings: 1. The petitioner’s motion for discovery, filed on April 13, 2020, requests copies of various documents relating to another offender’s disciplinary proceeding. He alleges that these documents will support his claim that his staff representative had a conflict of interest because he assisted both petitioner and the other offender. “Discovery in habeas corpus actions is extremely limited.” Glascoe v. Bezy, 421 F.3d 543, 549 (7th Cir. 2005); see also Tabb v. Christianson, 855 F.3d 757, 763 (7th Cir. 2017) (“As a general rule, federal habeas petitions must be decided on state court records.”). Rule 6 of the Rules Governing § 2254 Cases provides that a judge may authorize discovery only if good cause is shown. As asserted by the respondent in the response to order to show cause, an offender does not have a due process right to the appointment of a staff representative unless he is illiterate or the process is too complex for him to understand, neither of which is alleged in this case. Therefore, good cause for discovery has not been shown. The petitioner’s motion for discovery, dkt. [7], is DENIED. 2. The petitioner’s motion for extension of time to file his reply, dkt. [8], is GRANTED. He shall have through June 5, 2020, to file his reply. SO ORDERED. Date: 4/16/2020 Slam ruck banter Distribution: James Patrick Hanlon United States District Judge ANTOINE S. REED Southern District of Indiana 36618-044 TERRE HAUTE - USP TERRE HAUTE U.S. PENITENTIARY Inmate Mail/Parcels P.O. BOX 33 TERRE HAUTE, IN 47808 Lara K. Langeneckert UNITED STATES ATTORNEY'S OFFICE (Indianapolis) langeneckert @usdoj.gov

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REED v. WATSON, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reed-v-watson-insd-2020.

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