Warden

(HC) Love v. Warden

Good Law
United States District Court, Eastern District of CaliforniaJune 5, 20242:22-cv-01963California392 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAEVON JAMELL LOVE, Case No. 2:22-cv-01963-KJM-JDP (PC) Petitioner, ORDER v. GRANTING PETITIONER’S MOTION

FOR DISCOVERY

WARDEN, ECF No. 18 Respondent. 16 Petitioner has filed a motion for discovery, ECF No. 18, seeking an order directing his former counsel to turn over his case file. Id. at 2. Petitioner argues that information in this case file is necessary to prove that his habeas claims are meritorious. Id. There is no right to discovery in habeas proceedings. Rich v. Calderon, 187 F.3d 1064, 1068 (9th Cir. 1999) (“A habeas petitioner does not enjoy the presumptive entitlement to discovery of a traditional civil litigant.”). Rather, a petitioner must show good cause by putting forth specific allegations that give the court reason to believe that, if they were fully developed, he might be able to show an entitlement to relief. Bracy v. Gramley, 520 U.S. 899, 908-909 (1997). Although petitioner has not offered…

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