(HC) Love v. Warden

Filing 21

ORDER signed by Magistrate Judge Jeremy D. Peterson on 6/4/2024 GRANTING 18 Motion for Discovery and DIRECTING the Clerk of the Court to send Petitioner a blank Subpoena Form. Petitioner must return the completed Subpoena Form to the Court within 21 days. (Clemente Licea, O)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAEVON JAMELL LOVE, 12 Petitioner, 13 14 15 Case No. 2:22-cv-01963-KJM-JDP (PC) ORDER GRANTING PETITIONER’S MOTION FOR DISCOVERY v. WARDEN, ECF No. 18 Respondent. 16 17 Petitioner has filed a motion for discovery, ECF No. 18, seeking an order directing his 18 former counsel to turn over his case file. Id. at 2. Petitioner argues that information in this case 19 file is necessary to prove that his habeas claims are meritorious. Id. There is no right to 20 discovery in habeas proceedings. Rich v. Calderon, 187 F.3d 1064, 1068 (9th Cir. 1999) (“A 21 habeas petitioner does not enjoy the presumptive entitlement to discovery of a traditional civil 22 litigant.”). Rather, a petitioner must show good cause by putting forth specific allegations that 23 give the court reason to believe that, if they were fully developed, he might be able to show an 24 entitlement to relief. Bracy v. Gramley, 520 U.S. 899, 908-909 (1997). Although petitioner has 25 not offered specifics as to what information in his case file is necessary to meet his burden of 26 proof, I will grant his motion out of an abundance of caution. I will direct that the Clerk of Court 27 send him a blank subpoena form so that he may obtain his case file. Petitioner must complete that 28 form with all of the required information as to his former counsel and the case file and return it to 1 1 the court for service by the United States Marshal. 2 Accordingly, it is ORDERED that: 3 1. Petitioner’s motion for discovery, ECF No. 18, is GRANTED. 4 2. The Clerk of Court shall send petitioner a blank subpoena form with this order. Petitioner 5 must return the completed subpoena form to the court within twenty-one days. Once the 6 subpoena is served, I will allow petitioner an opportunity to file a brief with any new, 7 relevant information and also provide respondent an opportunity to address that briefing. 8 9 IT IS SO ORDERED. 10 Dated: 11 12 June 4, 2024 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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