Burton v. Director
Filing
185
ORDER denying 180 Motion to Compel Discovery: In light of Petitioner's failure to present specific allegations showing he may, if the facts are fully developed, be able to demonstrate he is entitled to relief, the Court denies Petitioner's Motion to Compel Discovery without prejudice.Signed by Magistrate Judge Louisa S Porter on 8/20/10. (All non-registered users served via U.S. Mail Service)(lmt)
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Burton v. Cate
Doc. 185
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On July 28, 2010, Petitioner filed a Motion to Compel Discovery of "material exculpatory documents" by S. Jones. (Doc. 180.) "A habeas petitioner, unlike the usual civil litigant in federal court, is not entitled to discovery as a matter of ordinary course." Bracy v. Gramley, 520 U.S. 899, 903-05 (1997); see Rich v. Calderon, 187 F.3d 1064, 1068 (9th Cir. 1999) (habeas petitioner does not enjoy presumptive right to discovery that a traditional civil litigant does). "Rather, discovery is available only in the discretion of the court and for good cause shown." Rich, 187 F.3d at 1068. Discovery is appropriate where specific allegations before the court show reason to believe the petitioner, may, if the facts are fully developed, be able to demonstrate he is entitled to relief. Bracy, 520 U.S. at 90809. // // // -1v. MATTHEW CATE, Secretary of California Department of Corrections and Rehabilitation, Respondent. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ERIC WILTON BURTON, Petitioner, Civil No. 08cv0325-LAB (POR)
ORDER DENYING MOTION TO COMPEL DISCOVERY [Document No. 180]
08cv0325-LAB (POR)
Dockets.Justia.com
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// In light of Petitioner's failure to present specific allegations showing he may, if the facts are fully developed, be able to demonstrate he is entitled to relief, the Court DENIES Petitioner's Motion to Compel Discovery without prejudice. Bracy, 520 U.S. at 908-09. IT IS SO ORDERED. DATED: August 20, 2010
LOUISA S PORTER United States Magistrate Judge cc: The Honorable Larry A. Burns all parties
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08cv0325-LAB (POR)
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