Gastelo

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KEVIN POTTS, Case No. 1:20-cv-01236-NONE-HBK Petitioner, ORDER DENYING PETITIONER’S MOTION

FOR DISCOVERY

v. (Doc. No. 28) DANNY SAMUEL, Respondent. 16 Petitioner Kevin Potts, a state prisoner proceeding pro se, initiated this action by filing a petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1). Petitioner is proceeding on his first amended petition. (Doc. No. 19). The court directed respondent to respond to the amended petition. (Doc. No. 20). Respondent’s response is due no later than May 10, 2021. (Doc. No. 25). Petitioner now moves for the discovery of certain documents. (Doc. No. 28). A habeas petitioner, “unlike the usual civil litigant in federal court, is not entitled to discovery as a matter of ordinary course.” Bracy v. Gramley, 520 U.S. 899, 904 (1997). Under Rule 6(a) of the Rules Governing Section 2254 Cases, a federal district court may in its discretion authorize discovery in a…