IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
October 5, 2010
MARIO FLAVIO GARCIA, PETITIONER,
KEN CLARK, WARDEN, RESPONDENT.
On September 15, 2010, petitioner filed a motion requesting that the court initiate discovery in this matter. Pursuant to Rule 6 of the Rules Governing § 2254 Cases, the court may, upon showing of good cause, authorize a party to conduct discovery under the Federal Rules of Civil Procedure. Here, however, respondent has yet to file a response to petitioner's application for a writ of habeas corpus. Accordingly, petitioner's request will be denied as being premature.*fn1
For the reasons set forth above, IT IS HEREBY ORDERED that petitioner's September 15, 2010, motion for leave to conduct discovery (Doc. No. 29) is denied as premature.