(HC) Nedd v. Bird ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEFFREY S. NEDD, Case No. 1:22-cv-00704-HBK (HC) 12 Petitioner, ORDER DENYING PETITIONER’S MOTION FOR DISCOVERY 13 v. (Doc. No. 13) 14 LANDON BIRD, 15 Respondent. 16 17 18 Petitioner Jeffrey S. Need (“Petitioner”), a state prisoner proceeding pro se, filed a petition 19 for writ of habeas corpus under 28 U.S.C. § 2254 on June 10, 2022. (Doc. No. 1, “Petition”). On 20 December 5, 2022, Petitioner filed a pleading entitled “Notice and Subpoena – Questions for Oral 21 Deposition.” (Doc. No. 13). The Supreme Court has instructed federal courts to liberally 22 construe the “inartful pleading[s]” of pro se litigants. See Boag v. MacDougall, 454 U.S. 364, 23 365 (1982). Thus, the Court construes Petitioner’s “Notice and Subpoena – Questions for Oral 24 Deposition” as a motion for discovery. 25 Although discovery is available pursuant to Rule 6 of the Rules Governing Section 2254 26 cases, it is granted only at the Court’s discretion, and upon a showing of good cause. Bracy v. 27 Gramley, 520 U.S. 899, 904 (1997)(“Parties in habeas cases, unlike those in ordinary civil cases, 28 1 | have no right to discovery.”); Jones v. Wood, 114 F.3d 1002, 1009 (9th Cir. 1997). Here, 2 | Respondent’s motion to dismiss the Petition as untimely is currently pending before the Court 3 | (Doc. No. 8); thus, Petitioner’s construed motion for discovery will be denied without prejudice 4 | as premature. In the event Respondent is ordered to respond to the Petition, Petitioner may renew 5 | his motion upon a showing of good cause once the matter is fully briefed. Similarly, if the Court 6 | determines that a status conference is warranted after reviewing the completed briefing, it will 7 | schedule one at that time. See Rules Governing Section 2254 Cases, R. 8(a). 8 Accordingly, it is ORDERED: 9 Petitioner’s construed Motion for Discovery (Doc. No. 13) is DENIED. 10 ' | Dated: _ December 13, 2022 Wile. Th. foareh Yack 12 HELENA M. BARCH-KUCHTA 3 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28