Ledford v. Head

Full title: J.W. LEDFORD, JR., Petitioner, v. FREDRICK HEAD, Warden, Georgia…

Court: United States District Court, N.D. Georgia, Atlanta Division

Date published: Jan 30, 2006

Civil Action No. 1:02-CV-1515-JEC (N.D. Ga. Jan. 30, 2006)

Opinion

Civil Action No. 1:02-CV-1515-JEC.

January 30, 2006

ORDER

JULIE CARNES, District Judge

In its Order denying Petitioner's Motion for Leave to Conduct Discovery and Authorization and Payment of Necessary Expert Services [30], the Court requested briefing from the parties on the issue of whether the state habeas court provided petitioner a full and fair hearing on his mental health claims. (Order [30] at 8-9.) The Court further indicated that if it finds that petitioner was denied a full and fair hearing, it will allow the petitioner an evidentiary hearing on this issue, and that only then would the Court address the other arguments raised by the parties.

Accordingly, the Court sets forth the following schedule for briefing on the full and fair hearing issue: Petitioner's brief is due thirty (30) days from the date of this Order, on Wednesday, March 1, 2006. Respondent will have thirty (30) days to file a response, which is due on Friday, March 31, 2006. Petitioner then will have fifteen (15) days to file a reply, which is due on Monday, April 17, 2006. These briefs should address the specific issue whether the state habeas court provided petitioner a full and fair hearing on the issue of his mental health status.

SO ORDERED.