Jones v. Hartley

Filing 22

ORDER Denying Petitioner's Motions For Discovery Without Prejudice (ECF Nos. 4 , 15 , 16 ), signed by Magistrate Judge Barbara A. McAuliffe on 3/19/2013. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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LEVAR EMERSON JONES,

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1:12-cv-01955-AWI-BAM (HC)

Petitioner,

ORDER DENYING PETITIONER’S MOTIONS
FOR DISCOVERY WITHOUT PREJUDICE

v.
[ECF Nos. 4, 15, 16]

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JAMES D. HARTLEY,
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Respondent.
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Petitioner is proceeding pro se with a petition for writ of habeas corpus pursuant to 28
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U.S.C. § 2254.
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Petitioner filed the instant petition for writ of habeas corpus on November 9, 2012 in the
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United States District Court for the Central District of California. On November 29, 2012, the
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petition was transferred to this Court.
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On November 26, 2012 and January 22, 2013, Petitioner filed motions to compel
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discovery. Petitioner requests examination of the prison log book of Building Six Second Floor
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for the date of June 9, 2011.
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Pursuant to court order, Respondent filed an answer to the petition on March 2, 2013.1

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Unlike other civil litigation, a habeas corpus petitioner is not entitled to broad discovery.
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Bracy v. Gramley, 520 U.S. 899, 117 S.Ct. 1793, 1796-97 (1997); Harris v. Nelson, 394 U.S.
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On March 11, 2013, Petitioner filed a motion for an extension of time to file a traverse to Respondent’s
answer. The Court has addressed Petitioner’s request to extent time by separate order.

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286, 295, 89 S.Ct. 1082, 1088-89 (1969). Although discovery is available pursuant to Rule 6, it

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is only granted at the court’s discretion, and upon a showing of good cause. Bracy, 117 S.Ct.

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1793, 1797; McDaniel v. United States Dist. Court (Jones), 127 F.3d 886, 888 (9th Cir. 1997);

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Jones v. Wood, 114 F.3d 1002, 1009 (9th Cir. 1997); Rule 6(a) of the Rules Governing Section

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2254. At this stage of the litigation, the Court cannot identify the essential elements of

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Petitioner’s claim, and Petitioner has not demonstrated good cause. Thus, Petitioner’s motion is

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premature, as the court’s ordinary practice in habeas corpus cases is to consider a motion for

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discovery after the court has received and considered the answer and traverse from the parties.

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Accordingly, Petitioner’s motion for discovery will be denied without prejudice to renewal at the

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time the case is fully submitted and ready to review on the merits, i.e. after the filing of both an

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answer and traverse.

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IT IS SO ORDERED.
Dated:
10c20k

March 19, 2013

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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