Filing 11

ORDER denying 10 Motion for Discovery. Signed by Judge Tanya Walton Pratt on 9/26/2013 (copy sent to Clifton Massey) (CBU)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION CLIFTON MASSEY, vs. D. ZATACKY, ) ) Petitioner, ) ) ) Case No. 1:13-cv-1067-TWP-TAB ) ) ) Respondent. ) ) ENTRY Presently before the court is habeas corpus petitioner Clifton T. Massey’s motion for discovery. Rule 6(a) of the Rules Governing ' 2254 Cases, 28 U.S.C. ' 2254, allows habeas corpus petitioners to conduct civil discovery “if, and to the extent that, the judge in the exercise of his discretion and for good cause shown grants leave to do so, but not otherwise.” See Bracy v. Bramley, 520 U.S. 899, 904 (1997) (“A habeas petitioner, unlike the usual civil litigant in federal court, is not entitled to discovery as a matter of ordinary course”). In order to be entitled to discovery, a petitioner must make specific factual allegations that demonstrate that there is good reason to believe that the petitioner may, through discovery, be able to garner sufficient evidence to entitle him to relief. See id. at 908-09. The motion for discovery is insufficient. The motion identifies what item he seeks—all papers, documents, correspondence, or memos that petitioner has written to the respondent concerning this action. The petitioner states that these documents will show the respondent’s indifference to the petitioner’s concerns. There is no identifiable connection between the documents sought and the petitioner’s entitlement to habeas corpus relief. Correspondence written by the petitioner could not be understood to reflect the respondent’s mental impressions. Without a plausible basis to conclude that the discovery sought could lead to sufficient evidence to entitle the petitioner to relief, “good cause” for the discovery sought has not been shown. The motion for discovery [dkt. 10] is therefore denied. IT IS SO ORDERED. 09/26/2013 Date: ___________________ Distribution: Clifton Massey No. 894401 Pendleton Correctional Facility 4490 West Reformatory Road Pendleton, IN 46064 Electronically Registered Counsel ________________________ Hon. Tanya Walton Pratt, Judge United States District Court Southern District of Indiana

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