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