Kelley v. Ndoh

Filing 27

ORDER signed by District Judge Morrison C. England, Jr on 5/4/17 ORDERING that the petitioner's for reconsideration of the magistrate judge's Order of3/23/17 is DENIED.(Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN ALAN KELLEY,
Petitioner,

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No. 2:16-cv-01088 MCE GGH

v.

ORDER

JOE A. LIZARRAGA
Respondent.

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Petitioner is proceeding in pro se on this habeas corpus petition. On October 31, 2016

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petitioner filed a Motion for Discovery, ECF No. 19, which the magistrate judge assigned to the

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case denied as having been brought prematurely since there has as yet been no finding by this

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court that the previous state court findings are AEDPA unreasonable, which is a predicate to a

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determination that an evidentiary hearing is appropriate which opens the door to discovery

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activities. ECF No. 21. Thereafter, on March 20, 2017, petitioner filed a Motion to have the

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magistrate judge compel production of specified documents by the Clerk of the Superior Court in

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which his case was tried, ECF No. 23, which Motion was denied on March 23, 2017. ECF No.

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24. In response, Petitioner has now filed a new Motion to Compel that is, in reality, a motion for

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reconsideration of the court’s earlier denial of his Motion. ECF No. 25.

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Pursuant to Local Rule 303, a district judge may reconsider any matter determined in an
action by the assigned magistrate judge. Local Rule 303(g). An order of the magistrate judge
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shall be upheld unless “clearly erroneous or contrary to law.” Local Rule 303(f). The Court,

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having reviewed the Orders of the Magistrate Judge, finds these two related Orders are neither

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“clearly erroneous or contrary to law.”

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Accordingly, petitioner’s motion for reconsideration of the magistrate judge’s Order of
March 23, 2017 is DENIED.
IT IS SO ORDERED.
Dated: May 4, 2017

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