Free Order on Motion for Extension of Time - District Court of Delaware - Delaware

Case 1:04-cv-01409-JJF Document 15 Filed 08/O9/2005 Page 1 of 2 in
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IVAN L. MENDEZ, :
Petitioner, 3
v. Q Civil Action No. 04-1409-JJF
THOMAS L. CARROLL, Z
Warden, :
Respondent. i
O R D E R
At Wilmington this l2i_ day of August, 2005;
IT IS ORDERED that:
Petitioner Ivan L. Mendez’s Motion To Extend Time For
Evidence is DENIED. (D.I. 9.) Petitioner does not describe the
evidence he is waiting for nor does he explain its relevance
to the instant habeas proceeding. As such, Petitioner has failed
to demonstrate “good cause" to warrant granting what is,
essentially, a discovery request. See Rule 6, 28 U.S.C. foll. 28
U.S.C. § 2254 (discovery is available in habeas corpus
proceedings at the discretion of the court for “good cause"
shown); Marshall v. Hendricks, 103 F.Supp.2d 749, 760 (D.N.J.
2000), £§ELQ LQ QQLL QQ other grounds, 307 F.3d 36 (3d Cir.
2002)(citing Deputy v. Taylor, 19 F.3d 1485, 1493 (3d Cir.
1994))(& petitioner establishes “good cause" by “point[ing] to
specific evidence that might be discovered that would support a

Case1:O4-cv-01409-JJF D0cument15 Filed 08/O9/2005 Page20f2 J
constitutional claim").
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