Jackson v. Martinez

Filing 23

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/5/2017 DENYING 17 Motion for Leave to Engage in Discovery. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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YONNNIE JACKSON,

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Petitioner,

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No. 2:17-cv-1311 CKD P

v.

ORDER

JOSE MARTINEZ,

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Respondent.

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Petitioner is a California prisoner proceeding pro se with a petition for writ of habeas

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corpus under 28 U.S.C. § 2254. Petitioner has filed a motion asking permission to engage in

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discovery. Under Rule 6 of the Rules Governing Section 2254 Cases, the court can grant leave to

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conduct discovery based upon a showing of good cause.
Petitioner seeks his own medical records which he alleges are in the possession of the San

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Joaquin County District Attorney. He asserts he requires the documents for “perfection of his

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traverse.” Petitioner fails to indicate in what manner he believes the records will assist in

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presenting his claims to the court. Further, petitioner has already filed his traverse. For these

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reasons, petitioner’s motion will be denied.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s September 21, 2017 motion for

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leave to engage in discovery (ECF No. 17) is denied.

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Dated: December 5, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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jack1311.dsc

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