Leon v. Barnes

Filing 42

ORDER signed by Magistrate Judge Gregory G. Hollows on 6/8/15 ORDERING that 21 motion is DENIED as moot; 32 motion to appoint counsel is DENIED without prejudice. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RAMIRO LEON, JR.,

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No. 2:12-cv-2559 JAM GGH

Petitioner,

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v.

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RON BARNES,

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ORDER

Respondent.

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Introduction and Summary
Petitioner has filed a motion for discovery involving his case file, and a motion for

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appointed counsel. For the reasons set forth below, both motions are denied.

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Motion for Discovery

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One of the issues in this habeas claim involves an allegation that counsel failed to pass

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along a plea offer of 21 years, i.e. one without a “life tail.” Petitioner believes (or believed) that

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he can prove the existence of such a plea offer if only his trial file were returned to him. If the

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issue here was, in fact, that petitioner had not received his case file from his prior attorney, the

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undersigned would order counsel in possession of such files to remit the defense file to him.

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However, after filing the motion and reply to the opposition, petitioner received his file on

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account of a State Bar inquiry. The entire file was given to petitioner, absent redaction of some

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witness personal information. See ECF No. 32 at 13 (electroninc pagination). The undersigned

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considers the discovery matter, ECF No. 21 denied as moot.

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Petitioner has also requested the appointment of counsel. That request, ECF No. 32 is

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denied without prejudice if the court determines at a later time that an evidentiary hearing is

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necessary.

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IT IS HEREBY ORDERED.
Dated: June 8, 2015

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/s/ Gregory G. Hollows

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UNITED STATES MAGISTRATE JUDGE

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