Johnston v. Love

OPINION

LOUIS H. POLLAK, District Judge.

On June 14,1995, Norman L. Johnston, an inmate at the State Correctional Institution in Huntingdon, Pennsylvania, filed a petition for habeas corpus pursuant to 28 U.S.C. § 2254. Following the usual practice of this court, that petition was referred to a magistrate judge — in this instance, Magistrate Judge Thomas J. Rueter. On August 21, 1995, Johnston filed a motion for leave of court to invoke discovery under Rule 6(a) of the Rules Governing Section 2254 Cases. On October 2, 1995, Judge Rueter denied this motion. Johnston appealed Judge Rueter’s…