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Sutton v. Bell

August 23, 2007

GARY WAYNE SUTTON PETITIONER,
v.
RICKY BELL, WARDEN, DEATH PENALTY RESPONDENT.



The opinion of the court was delivered by: C. Clifford Shirley, Jr. United States Magistrate Judge

(VARLAN/SHIRLEY)

ORDER

Petitioner Gary Wayne Sutton ("Sutton"), a state prisoner confined in the Riverbend Maximum Security Institution in Nashville, Tennessee under a sentence of death, has filed a petition for the writ of habeas corpus brought pursuant to 28 U.S.C. § 2254 (Doc. 14). Petitioner filed his first motion for discovery on May 18, 2007 (Doc. 15). Petitioner filed a motion to amend his discovery motion (Doc. 25) on July 9, 2007, which is GRANTED (Doc. 25).*fn1 Respondent's response to Petitioner's first motion for discovery was due on Monday, June 4, 2007. Upon motion of the Respondent the Court conducted a second scheduling conference and amended the scheduling order in several respects (Doc. 28). The amended scheduling order required Respondent to file a response to the discovery motion on August 20, 2007.

Subsequent to email discussions between the parties and the Court, the parties have filed a joint motion requesting to extend the time for Respondent to file a response to the amended motion for discovery and to extend the time for Petitioner to file a motion to expand the record (Doc. 32).

For good cause shown, the motion for an extension of time is GRANTED (Doc. 32). Accordingly, Respondent SHALL file a response to Petitioner's discovery motion on or before August 24, 2007, no later than 4:00 p.m. Any motion filed by Petitioner to expand the record SHALL be filed on or before September 7, 2007. Absent an emergency, this will be the last extension granted to change any of the dates in the amended scheduling order.

SO ...


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