Opinion
Case No. CV01-0001-S-EJL
July 3, 2002
ORDER
Pending before the Court in this habeas corpus matter are the following motions: (1) Petitioner's Motion for Extension of Time and to Compel Discovery (Docket No. 33), and (2) Petitioner's Motion for Genetic Testing (Docket No. 40). The parties are notified that Petitioner's Subpoena Duces Tecum has been delivered to the United States Marshal for service Upon Ada County. The Subpoena contains a deadline of July 22, 2002 within which to mail the requested documents to Petitioner. Petitioner should receive the documents by that time, absent any motion for protective order or extension of time. Petitioner shall be granted an extension of time through August 16, 2002, in which to file any supplemental responses and exhibits to the pending Motion for Summary Judgment. Petitioner's Motion to Compel Discovery is moot as a result of the Subpoena.
Petitioner also requests genetic testing. Genetic testing would not bear upon the issues to he determined in the Motion for Summary Judgment. Therefore, the Motion for Genetic Testing is denied.
ORDER
NOW THEREFORE IT IS HEREBY ORDERED that Petitioner's Motion for Extension of Time (Docket No. 33-1) is GRANTED. Petitioner shall be granted an extension of time through August 16, 2002. in which to file any supplemental responses and exhibits to the pending Motion for Summary Judgment.
IT IS FURTHER HEREBY ORDERED that Petitioner's Motion to Compel Discovery (Docket No. 33-2) is MOOT.
IT IS FURTHER HEREBY ORDERED that Petitioner's Motion for Genetic Testing (Docket No. 40) is DENIED.