Leonard v. Hartley
Filing
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ORDER signed by Magistrate Judge Craig M. Kellison on 2/24/2014 DENYING petitioner's 34 motion for leave to conduct discovery; GRANTING petitioner's 52 motion for an extension of time; and petitioner may file a traverse within 30 days. (Yin, K)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DAVID G. LEONARD,
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Petitioner,
vs.
ORDER
JAMES HARTLEY,
Respondent.
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No. 2:12-CV-2161-MCE-CMK-P
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Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of
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habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court are: (1) petitioner’s
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motion (Doc. 34) for an order permitting discovery; and (2) petitioner’s motion (Doc. 52) for an
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extension of time to file a traverse.
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Turning to petitioner’s motion for discovery, petitioner seeks leave of court to
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conduct discovery on all of his claims. By way of example, plaintiff would like to discovery
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“[r]ecords relating to, or reflecting upon evidence seized, or introduced at trial, reliability of
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evidence, or pertaining to evidentiary matters or testimony.” It is clear from his motion that
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petitioner is attempting to do exactly what the Supreme Court declared in Cullen v. Pinholster,
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131 S.Ct. 1388 (2011), he cannot. Specifically, petitioner is attempting to use this federal habeas
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action to fish for evidence to support his claims. Notably, petitioner has made no showing
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regarding his efforts, if any, to investigate the factual bases of his claims when they were pending
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before the state courts. See 28 U.S.C. § 2254(e)(2)(A)(ii). The court concludes that petitioner
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has failed to demonstrate good cause for an order allowing discovery. See Rule 6(a) of the Rules
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Governing Section 2254 Cases.
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Petitioner seeks an extension of time (Doc. 52) to file a traverse. Good cause
appearing therefor, the request will be granted.
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Accordingly, IT IS HEREBY ORDERED that:
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1.
Petitioner’s motion for leave to conduct discovery (Doc. 34) is denied;
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2.
Petitioner’s motion for an extension of time (Doc. 52) to file a traverse is
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Petitioner may file a traverse within 30 days of the date of this order.
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granted; and
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DATED: February 24, 2014
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
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