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Leland v. Hornbeck

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 25, 2008

RHONDA LEE LELAND, PETITIONER,
v.
TINA HORNBECK, WARDEN, RESPONDENTS.

ORDER

Petitioner is a California prisoner pro se with an application for writ of habeas corpus under 28 U.S.C. § 2254. Petitioner has filed a motion in which she seeks permission to seek certain items through discovery.

The court has authority to allow discovery in a habeas proceeding if the party requesting discovery shows good cause. Rules Governing Section 2254 Cases, Rule 6(a). The court has already recommended that this action be dismissed as time-barred and petitioner fails to show anything suggesting that further discovery would result in a different recommendation.

Therefore, petitioner has not shown good cause for discovery*fn1 and her motion for discovery will be denied.

Accordingly, IT IS HEREBY ORDERED that petitioner's request for leave to conduct discovery (#19) is denied.


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