Opinion
No. 5:05CV00306 WRW/JTR.
February 7, 2006
ORDER
Respondent has filed a Response to Petitioner's § 2254 habeas Petition wherein he argues that the Petition should be dismissed because: (1) Petitioner is procedurally barred from raising his claims due to failure to properly raise them in state court; (2) the Arkansas Supreme Court's dismissal of Petitioner's Rule 37 appeal was based on an independent and adequate state ground, thus barring federal habeas review; and (3) Petitioner's claims alternatively fail to state federal constitutional violations. (Docket entry #5.) The Court concludes that a Reply from Petitioner would be helpful to the resolution of this case.
IT IS THEREFORE ORDERED THAT Petitioner shall file, on or before March 10, 2006, a Reply addressing the arguments raised in the Response (docket entry #5.)