Casillas v. Secretary of Corrections

Filing 38

ORDER DENYING Petitioner's 34 Motion for Discovery as Premature signed by Magistrate Judge Sheila K. Oberto on 2/23/2018. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 OMAR CASILLAS, 12 Petitioner, 13 14 No. 1:17-cv-00511-LJO-SKO HC v. SECRETARY OF CORRECTIONS, 15 Respondent. ORDER DENYING PETITIONER’S MOTION FOR DISCOVERY AS PREMATURE (DOC. 34) 16 17 Petitioner, Omar Casillas, is a state prisoner proceeding pro se and in forma pauperis with 18 19 a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On February 20, 2018, 20 Petitioner filed a motion to order Respondent to provide him with state court records. 21 22 On December 28, 2017, the Court ordered Respondent to file a responsive brief and to lodge the state court records in this case within 60 days. With the recently granted extension of 23 time (Doc. 37), Respondent has until March 28, 2018, to file a response and lodge the state court 24 25 records. Respondent will serve the lodged documents on Petitioner when Respondent files them 26 with the Court. 27 // 28 1 Based on the foregoing, the Court DENIES Petitioner’s motion as premature. 1 2 3 4 IT IS SO ORDERED. Dated: February 23, 2018 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 .

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