Richard Chantez Butler v. Gloria Geither

Summary

The United States District Court for the District of Kansas grants in part and denies in part Petitioner Richard Chantez Butler’s motion concerning an amended memorandum of law in his 28 U.S.C. § 2254 habeas proceeding. The court directs the Clerk to docket the motion as an amended memorandum of law, denies without prejudice the request for an evidentiary hearing, and orders Butler to respond to the memorandum and order to show cause by June 18, 2026.

Holdings

1. When liberally construed in light of the court's prior order, the pro se motion constituted a request to file an amended memorandum of law in support of the amended petition, and that request was granted.
2. The request for an evidentiary hearing was premature and was denied without prejudice because initial Rule 4 review was incomplete; the court would consider the issue after the answer, relevant state-court records, and traverse were filed.
3. The motion was not treated as petitioner's response to the memorandum and order to show cause; petitioner was given until June 18, 2026, to file a single written response.

Questions Presented

1. Whether the pro se motion should be liberally construed as a request to file an amended memorandum of law in support of the amended habeas petition.
2. Whether the court should hold an evidentiary hearing before completion of initial review, the respondent's answer, production of state-court records, and the traverse.
3. Whether the motion constituted petitioner's response to the memorandum and order to show cause.

Disposition

other