(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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAEVON JAMELL LOVE,

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Petitioner,

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Case No. 2:22-cv-01963-KJM-JDP (PC)
ORDER
GRANTING PETITIONER’S MOTION
FOR DISCOVERY

v.
WARDEN,

ECF No. 18
Respondent.

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Petitioner has filed a motion for discovery, ECF No. 18, seeking an order directing his

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former counsel to turn over his case file. Id. at 2. Petitioner argues that information in this case

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file is necessary to prove that his habeas claims are meritorious. Id. There is no right to

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discovery in habeas proceedings. Rich v. Calderon, 187 F.3d 1064, 1068 (9th Cir. 1999) (“A

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habeas petitioner does not enjoy the presumptive entitlement to discovery of a traditional civil

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litigant.”). Rather, a petitioner must show good cause by putting forth specific allegations that

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give the court reason to believe that, if they were fully developed, he might be able to show an

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entitlement to relief. Bracy v. Gramley, 520 U.S. 899, 908-909 (1997). Although petitioner has

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not offered specifics as to what information in his case file is necessary to meet his burden of

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proof, I will grant his motion out of an abundance of caution. I will direct that the Clerk of Court

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send him a blank subpoena form so that he may obtain his case file. Petitioner must complete that

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form with all of the required information as to his former counsel and the case file and return it to
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the court for service by the United States Marshal.

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Accordingly, it is ORDERED that:

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1. Petitioner’s motion for discovery, ECF No. 18, is GRANTED.

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2. The Clerk of Court shall send petitioner a blank subpoena form with this order. Petitioner

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must return the completed subpoena form to the court within twenty-one days. Once the

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subpoena is served, I will allow petitioner an opportunity to file a brief with any new,

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relevant information and also provide respondent an opportunity to address that briefing.

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IT IS SO ORDERED.

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Dated:
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June 4, 2024
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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