Stamos, Jr. v. Grounds

Filing 48

ORDER Denying without Prejudice Motion Requesting Discovery; ORDER Regarding Status of Case 23 , 46 , signed by Magistrate Judge Michael J. Seng on 9/12/16. (Verduzco, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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1:15-cv-01838 DAD MJS HC
JAMES GEORGE STAMOS, JR.,

ORDER DENYING WITHOUT PREJUDICE
Petitioner, MOTION REQUESTING DISCOVERY;

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ORDER REGARDING STATUS OF CASE

v.

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(Docs. 23, 46)
RANDY GROUNDS,
Respondent.

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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2254. On January 21, 2016, Petitioner moved the Court
for an order authorizing discovery. (ECF No. 23.) Specifically, he requests to subpoena
records relating to his appeal of the disciplinary hearing finding at issue in the case.
This Court, in reviewing Petitioner's claims and determining if the state court
decision was reasonable, may only rely upon the record before the state court. See
Cullen v. Pinholster, 131 S. Ct. 1388, 1398 (2011) ("We now hold that review under §
2254(d)(1) is limited to the record that was before the state court that adjudicated the
claim on the merits."). As such, further discovery is not warranted at this time.
Furthermore, it appears that the records in question were provided by Respondent as
exhibits to the answer filed on April 13, 2016. If, upon substantive review of the petition,

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the Court determines that discovery is necessary, it will provide Petitioner the opportunity

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to obtain the discovery.

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Further, on August 31, 2016, Petitioner filed a motion requesting the status of the

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case. The case remains open and pending. The Court will address the petition in due

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course.

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Accordingly, it is hereby ordered that Petitioner's motion requesting discovery be
DENIED without prejudice.

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IT IS SO ORDERED.
Dated:

September 12, 2016

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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