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Sutton v. Bell

April 24, 2008

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



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

(VARLAN/SHIRLEY)

DEATH PENALTY

ORDER

Gary Wayne Sutton ("Petitioner") has filed an amended petition for writ of habeas corpus under 28 U.S.C. § 2254 (Doc. 24).*fn1 Petitioner's counsel has filed a third motion for discovery (Doc. 54) which Respondent does not oppose (Doc. 60). Respondent does, however, request that any documents produced by the Tennessee Bureau of Investigation ("TBI") in response to any subpoena be deemed confidential material which shall be used only for the purpose of the proceedings associated with the above-captioned cause and shall not be disclosed to any other person except upon further order of the Court.*fn2

Petitioner specifically requests discovery of the following records of the TBI: (1) TBI file ME-95-716, and (2) TBI records containing correspondence or investigation information regarding Dr. Harlan.

Accordingly, Petitioner's third motion for discovery requesting TBI file ME-95-716 and TBI records containing correspondence or investigation information regarding Dr. Harlan is GRANTED (Doc. 54). The TBI is

ORDERED to produce the aforementioned documents to counsel for Petitioner within ten days from the date of this Order. It is further

ORDERED that the Clerk SHALL FAX a copy of this Order to all counsel of record and Jeanne Broadwell, General Counsel to the TBI, at FAX number (615) 744-4500.

It is further ORDERED that these documents are confidential and are not to be used for any purpose other than for this litigation. Dissemination to persons who are not directly involved with counsel in this case is inappropriate and prohibited.

SO ...


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