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Tyrell v. Hoffman

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


February 4, 2010

JONATHAN REGENT TYRELL, PETITIONER,
v.
THOMAS G. HOFFMAN, RESPONDENT.

ORDER

Petitioner, proceeding without counsel, seeks a writ of habeas corpus. See 28 U.S.C. § 2254. On July 24, 2009, respondent filed a motion to dismiss, which is submitted for decision. On November 2, 2009, petitioner filed a motion to conduct discovery. Without ruling on the merits of petitioner's discovery request, the court finds that it is premature. The court must first address the motion to dismiss before determining whether good cause exists for discovery. See Rule 6(a), Rules Governing § 2254 Cases.

Accordingly, it is hereby ORDERED that petitioner's November 2, 2009 motion for discovery is denied without prejudice.

20100204

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