Beltran v. Ryan et al

Filing 28

ORDER denying 14 Motion for access to case authorities available only in electronic databases as LEXIS and Westlaw. Signed by Magistrate Judge Leslie A Bowman on 12/4/13. (KAH)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Rosalio Delgado Beltran,
Petitioner,

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vs.

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Charles L. Ryan; et al.,
Respondents.

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No. CIV 13-014-TUC-LAB
ORDER

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Pending before the court is the petitioner’s motion that the court provide him “access to

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case authorities available only in electronic databases” filed on May 7, 2013. (Doc. 14)
The petitioner, Rosalio Delgado Beltran, filed in this court a petition for Writ of Habeas

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Corpus pursuant to 28 U.S.C. § 2254 on July 2, 2012.

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In the pending motion, Beltran moves that the court provide him access to an electronic

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legal database such as LEXIS or Westlaw because such access is “essential to litigate and

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properly answer” the respondent’s arguments. (Doc. 14, p. 1)

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Habeas petitioners, however, have no right to litigate their petitions effectively once their

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issues have been presented to the court for review. Lewis v. Casey, 518 U.S. 343, 354, 116

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S.Ct. 2174, 2181 (1996). In this case, Beltran has already successfully presented his petition

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for habeas review. He has no right to litigate that petition effectively, and therefore no right to

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access electronic legal databases. See, e.g., Sojka v. Ryan, 2013 WL 5160404, 3 (D.Ariz.

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2013)

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IT IS ORDERED that the petitioner’s motion that the court provide him “access to case

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authorities available only in electronic databases” filed on May 7, 2013, is DENIED. (Doc. 14)

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DATED this 4th day of December, 2013.

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