Scheduling order issued for Gray habeas litigation

The United States District Court for the District of Kansas today issued a scheduling order governing Ronald Gray's habeas litigation. Gray v. Gray, No. 08-3289-RDR (D. Kan. Dec. 19, 2008) (order). I've posted a copy here.

The order sets a 1 April 2009 deadline for Gray's counsel to file his habeas petition. The United States then has 30 days to file its return. Gray's traverse is due 30 days later. Any request for discovery or a hearing must be made in writing.

Senior Judge Rogers declined to apply 28 U.S.C. § 2251(a)(3), which imposes a 90-day limit on pre-petition stays upon appointment of counsel for state death row inmates. Judge Rogers wrote that the statute, which expressly deals with "State" prisoners sentenced to death, "does not on its face reach petitioner, and the court finds the April 1, 2009, deadline for petitioner's filing of a habeas petition is appropriate under the circumstances."

The order misstates Gray's first name. Previous orders in the case have correctly named him.