West v. Dickinson

Filing 69

ORDER signed by Magistrate Judge Dale A. Drozd on 10/07/11 ordering petitioner's motion 64 is denied. (Plummer, 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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MACK A WEST, JR.,

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Petitioner,

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No. CIV S-09-3147 FCD DAD P

vs.
KATHLEEN DICKINSON, Warden,

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Respondent.

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ORDER
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Petitioner is a state prisoner proceeding pro se with a second amended petition for

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a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is petitioner’s

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motion for a court order allowing discovery, for an evidentiary hearing, and for appointment of

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counsel.

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The court has addressed virtually identical motions from petitioner on several

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occasions and has explained to petitioner what he is required to show before the court can issue

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an order granting him relief. (See Orders Filed Aug. 12, 2010 (Doc. No. 30) & Apr. 21, 2011

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(Doc. No. 55).) Once more, petitioner’s pending motion fails to demonstrate that discovery, an

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evidentiary hearing, or appointment of counsel are warranted in this case.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s motion (Doc. No. 64)

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is denied.

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DATED: October 7, 2011.

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DAD:9
west3147.mots

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