Magee

ORDER ON REVIEW OF MAGISTRATE JUDGE’S DISCOVERY ORDER

This proceeding is a state prisoner’s petition for writ of habeas corpus. It has been referred to a magistrate judge for a report and recommendation, pursuant to 28 U.S.C. § 636 (b)(1)(B) and the local rules of this Court. On May 6, 1991, the magistrate judge granted, to a limited extent only, petitioner’s application for protective order and for production of documents. The magistrate judge ordered respondents to produce “all documents filed in California Supreme Court proceedings Nos. S017997 and S016532.” He granted the motion to this extent because petitioner claims to have exhausted his state remedies, but did not have the documents which demonstrated that he had done so. Otherwise, the magistrate judge denied petitioner’s application. Petitioner has now “appealed” to the district judge.

The court concludes that an interim discovery order, made in a proceeding referred to a magistrate judge under § 636(b)(1)(B), is not subject to an interlocutory appeal to the district judge, by way of motion for review and reconsideration or otherwise. Because there appears to be no case addressing this issue, the court briefly sets…