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Garcia v. Clark

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


October 5, 2010

MARIO FLAVIO GARCIA, PETITIONER,
v.
KEN CLARK, WARDEN, RESPONDENT.

ORDER

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.


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