Havens v. Xavier Becerra

Filing 9

ORDER GRANTING EXTENSION; DENYING MOTION FOR DISCOVERY by Judge Phyllis J. Hamilton denying 6 Motion for Discovery; granting 8 Motion for Extension of Time to Answer. Habeas Answer due by 2/28/2018. (Certificate of Service attached) (kcS, COURT STAFF) (Filed on 2/20/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WARREN C. HAVENS,
Petitioner,

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United States District Court
Northern District of California

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Case No. 17-cv-06772-PJH
ORDER GRANTING EXTENSION;
DENYING MOTION FOR DISCOVERY

v.
XAVIER BECERRA,

Re: Dkt. Nos. 6, 8

Respondent.

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Petitioner, a former detainee, has filed a pro se petition for a writ of habeas corpus

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pursuant to 28 U.S.C. § 2254. Petitioner was sentenced to five days in Alameda County

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Jail after being found in contempt by the Alameda County Superior Court. Respondent

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has been served with the petition and will be filing a response shortly. Petitioner has filed

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a motion to conduct limited discovery.

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Petitioner alleged that: 1) he was improperly found in contempt of a state court

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order for filing a Chapter 11 Bankruptcy petition; and 2) he was unlawfully held in

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contempt for defending the rights of the State of California and the United States by

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seeking to put a nonprofit corporation into bankruptcy after it was taken over by private

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parties for their illegal gain. Liberally construed, the court found that the first claim could

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be viewed as a challenge to the sufficiency of the evidence.

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Petitioner seeks to depose two different parties of the bankruptcy action.

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Petitioner has not sufficiently explained how this relates to his being found in contempt by

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the state court. Unlike an ordinary civil litigant, a habeas petitioner must obtain court

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permission before he may conduct any discovery. Discovery is only allowed to the extent

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that the district court, in the exercise of its discretion and for good cause shown, allows it.

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Se Rule 6(a) of the Rules Governi Section 2254 Case in the United States District
ee
ing
n
es
s

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Co
ourts, 28 U.S.C. foll. 2254. Good cause for discovery under Rule 6(a) is sho
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d
e
own

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“‘'w
where specific allegatio before the court s how reason to believe that the pe
ons
n
e
etitioner

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ma if the fac are fully developed be able to demonstr
ay,
cts
y
d,
o
rate that he is . . . entit
e
tled to relief

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. . .’” See Bra v. Gram
acy
mley, 520 U.S. 899, 90
08-09 (1997 (citation o
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omitted); Ph
ham v.

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Te
erhune, 400 F.3d 740, 743 (9th Cir. 2005). P
Petitioner has not show good ca
wn
ause for the
e

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cou to permit discovery in this hab
urt
y
beas action
n.

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e
he
ders as follo
ows:
For the foregoing reasons, th court ord

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1.

Petitioner’s motion to permit limit discove (Docket No. 6) is D
s
ted
ery
t
DENIED.

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2.

GOOD CA
AUSE APPE
EARING, it is hereby o
ordered that respondent’s request
t

United States District Court
Northern District of California

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for an extensi (Docket No. 8) is GRANTED. Responde may ha until February 28,
r
ion
t
G
.
ent
ave

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2018, to file an answer.
a

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IT IS SO ORDER
S
RED.
Da
ated: Februa 20, 2018
ary

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PH
HYLLIS J. H
HAMILTON
N
Un
nited States District Ju
s
udge

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ndoak.cand.circ9
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2017\2017_06772
2_Havens_v_Xa
avier_Becerra_(P
PSP)\17-cv-06772-PJH-ord2.docx
x

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UNITED STATES D
D
DISTRICT C
COURT

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NORTHER DISTRIC OF CALI
RN
CT
IFORNIA

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WARREN C. HAVENS,
W

Case No. 1
17-cv-06772
2-PJH

Plaintiff,
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v.

CERTIFIC
CATE OF S
SERVICE

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XAVIER BEC
X
CERRA,
.
Defendant.

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United States District Court
Northern District of California

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I, the un
ndersigned, hereby certify that I am an employe in the Offi of the Clerk, U.S.
ee
ice
Dis
strict Court, Northern Di
istrict of Cal
lifornia.

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That on February 20, 2018, I SE
n
ERVED a tr and corre copy(ies) of the attac
rue
ect
)
ched, by
pla
acing said co
opy(ies) in a postage paid envelope a
d
addressed to the person(s hereinafte listed, by
s)
er
dep
positing said envelope in the U.S. Mail, or by pla
d
n
M
acing said co
opy(ies) into an inter-off delivery
o
ffice
y
rec
ceptacle loca in the Cl
ated
lerk's office.
.

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arren C. Hav
vens
Wa
264 Benvenue Avenue
49
e
Ber
rkeley, CA 94704
9

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Da
ated: Februar 20, 2018
ry

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usan Y. Soon
ng
Su
Cl
lerk, United States Distr Court
d
rict

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y:_________
___________
_______
By
K
Kelly Collins, Deputy Cle to the
,
erk
H
Honorable PH
HYLLIS J. H
HAMILTON
N

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