Thomas

ORDER GRANTING IN PART AND DENYING IN PART PETITIONER’S MOTION TO COMPEL DISCOVERY RESPONSES

ORDER DIRECTING CLERK OF COURT TO SUBSTITUTE RESPONDENT

Procedural Background

Petitioner Brian Thomas (“Petitioner”) is a state prisoner proceeding with a peti tion for writ of habeas corpus pursuant to 28 U.S.C. § 2254 .

On March 19, 2009, the Court scheduled an evidentiary hearing in this matter in order to permit Petitioner to present evidence that article V, section 8(b) of the California Constitution created a significant risk of prolonging Petitioner’s incarceration and therefore violated Petitioner’s rights under the Ex Post Facto Clause of the United States Constitution. (Doc. 27). On July 10, 2009, Petitioner filed a request for leave to propound discovery pursuant to Rule 6 of the Rules Governing Section 2254 Cases. (Doc. 36).

The Court granted Petitioner’s request for leave to propound discovery on July 21, 2009, 2009 WL 2171564 . (Doc. 38). On August 7, 2009, 2009 WL 2424683 , the District Judge denied Respondent’s motion for reconsideration of the order granting Petitioner leave to propound discovery. (Doc. 44).

Petitioner filed a motion to compel discovery on August 31,…