Bonillas v. Ryan et al

Filing 23

ORDER DENYING Petitioner's 18 Motion to Order Release of Files, filed on 7/14/14. Signed by Magistrate Judge Leslie A Bowman on 8/21/14.(BAC)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Angel Santa Maria Bonillas,
Petitioner,

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vs.

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Charles L. Ryan; et al.,
Respondents.

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No. CIV 13-2563-TUC-CKJ (LAB)
ORDER

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Pending before the court is the petitioner’s motion to order release of files, which was

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filed on July 14, 2014. (Doc. 18)

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The petitioner, Angel Santa Maria Bonillas, filed in this court a petition for Writ of

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Habeas Corpus pursuant to 28 U.S.C. § 2254. He moves that this court order his former

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attorneys to release their files to him. He argues the files are “necessary for my reply.” (Doc.

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18)

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Unlike a party to an ordinary civil action, a habeas petitioner is not entitled to discovery

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as a matter of course. Rule 6(a) of the Rules Governing § 2254 cases permits discovery “only

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in the discretion of the court and for good cause shown.” Rich v. Calderon, 187 F.3d 1064,

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1068 (9th Cir.1999), cert. denied, 528 U.S. 1092. Good cause exists “where specific allegations

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before the court show reason to believe that the petitioner may, if the facts are fully developed,

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be able to demonstrate that he is entitled to relief.” Bracy v. Gramley, 520 U.S. 899, 117 S.Ct.

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1793 (1997).

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Moreover, a court considering a habeas corpus petition is ordinarily limited to the record

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that was before the state court when the petitioner’s original claims were denied. See Cullen

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v. Pinholster, __U.S. __ , 131 S.Ct. 1388 (2011). Accordingly, it does not appear at this time

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that additional discovery would affect Bonillas’s entitlement to relief.

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IT IS ORDERED that the petitioner’s motion to order release of files, which was filed
on July 14, 2014, is DENIED. (Doc. 18)

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DATED this 21st day of August, 2014.

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