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- ncmd;;1:16-cv-00539_de45 RegisterActionDate "2017-12-19" @default.
- ncmd;;1:16-cv-00539_de45 RegisterActionDescriptionText "TEXT ORDER denying 28 Motion for Status Conference. In 28 Motion, Petitioner requested that the Court hold a conference pursuant to Federal Rule of Civil Procedure 16(a) to "allow Petitioner's counsel to explain the particulars that compel a review of [Petitioner's 1 Petition for Writ of Habeas Corpus] without delay." Alternatively, Petitioner "proposes going forward with limited discovery...." Petitioner did not file a brief in support of 28 Motion as required by Local Rules 7.3(a) and (j). Nor did Petitioner file any reply to 30 Response Brief, which outlined a number of reasons "[n]o status conference is needed." As provided in Local Rule 7.3(k), "[a] motion unaccompanied by a required brief may, in the discretion of the Court, be summarily denied." Under the circumstances presented, the Court exercises its discretion to deny 28 Motion pursuant to Local Rule 7.3(k). The Court further notes that hundreds of prisoners commence actions in this Court each year and doubtless all believe that their cases warrant review "without delay." Of course, the Court cannot simultaneously review each prisoner's case (particularly not while also attending to the hundreds of non-prisoner cases filed in this Court each year by litigants who also likely believe that their cases should receive review "without delay") and thus all cases must take a turn at experiencing some delay. To the extent Petitioner has complained (or would complain) about any particular delay in this case, the Court observes that 16 Order and Recommendation was entered on 1 Petition and the related 10 Motion for Leave to Conduct Discovery less than four months after the conclusion of briefing. Pursuant to 16 Order and Recommendation, Petitioner immediately could have returned to state court and pursued discovery related to issues he never had presented in that forum (which represents most of the discovery at issue in his alternative request in 28 Motion), but instead chose to file 19 Objections (after first filing 18 Motion for Extension of Time to File Objections and obtaining such extension) and, upon the entry of 21 Order and 22 Judgment, to file 23 Notice of Appeal. That litigation and the litigation that followed on appeal, not any inattention to this case by this Court, consumed the bulk of the time that has elapsed since Petitioner filed 1 Petition. Now that the case has been remanded back to this Court by the Fourth Circuit, the Court will undertake (in due course and while balancing the needs of other cases) an appropriate review to determine the proper next steps in this case, to include the possibility of review under 28 U.S.C. s 2254(d) of the claims in 1 Petition that Petitioner actually presented to the state courts, without the need for resolution of any statute of limitations/equitable tolling-related actual innocence questions as to which Petitioner pinned his alternative request for discovery in 28 Motion. Issued by MAG/JUDGE L. PATRICK AULD on 12/19/2017. (AULD, L.) (Entered: 12/19/2017)" @default.
- ncmd;;1:16-cv-00539_de45 AdministrativeID "None" @default.
- ncmd;;1:16-cv-00539_de45 hasJudgeReference SJ004076 @default.
- ncmd;;1:16-cv-00539_de45 hasReferenceToOtherEntry ncmd;;1:16-cv-00539_de0 @default.
- ncmd;;1:16-cv-00539_de45 hasReferenceToOtherEntry ncmd;;1:16-cv-00539_de13 @default.
- ncmd;;1:16-cv-00539_de45 hasReferenceToOtherEntry ncmd;;1:16-cv-00539_de21 @default.
- ncmd;;1:16-cv-00539_de45 hasReferenceToOtherEntry ncmd;;1:16-cv-00539_de24 @default.
- ncmd;;1:16-cv-00539_de45 hasReferenceToOtherEntry ncmd;;1:16-cv-00539_de28 @default.
- ncmd;;1:16-cv-00539_de45 hasReferenceToOtherEntry ncmd;;1:16-cv-00539_de32 @default.
- ncmd;;1:16-cv-00539_de45 hasReferenceToOtherEntry ncmd;;1:16-cv-00539_de33 @default.
- ncmd;;1:16-cv-00539_de45 hasReferenceToOtherEntry ncmd;;1:16-cv-00539_de34 @default.
- ncmd;;1:16-cv-00539_de45 hasReferenceToOtherEntry ncmd;;1:16-cv-00539_de40 @default.
- ncmd;;1:16-cv-00539_de45 hasReferenceToOtherEntry ncmd;;1:16-cv-00539_de43 @default.