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Curry v. Walker

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


January 29, 2009

JEFFREY CURRY, PETITIONER,
v.
JAMES WALKER, WARDEN, RESPONDENT.

The opinion of the court was delivered by: Hon. Jeffrey T. Miller United States District Judge

ORDER DENYING REQUEST FOR COPIES

On or about January 22, 2009 the court received from Petitioner a request for copies of all documents in the Court Docket, including lodgments. The court denies this request without prejudice, subject to a further showing that such documents would be of assistance to Petitioner in the prosecution of his petition for writ of habeas corpus brought pursuant to 28 U.S.C. §2254 ("Petition")*fn1.

The court denies the request for two reasons. First, Petitioner's argument that "the requested materials are necessary to enable Petitioner to litigate the merits of the issues raised in his habeas corpus petition," (Motion at p.4:24-26), fails to sufficiently articulate how the documents will assist Petitioner in litigating the merits of his Petition. Second, it appears that judgment is now final on the Petition. The Court Docket reflects that Petitioner's appeal was never perfected as no court has yet to issue the prerequisite Certificate of Appealability required by 28 U.S.C. §2253(c)(1).

In sum, the court denies Petitioner's request for copies without prejudice, subject to a further showing.

IT IS SO ORDERED.


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