Free Order on Motion for Reconsideration - District Court of California - California

Case 3:07-cv-04804-JSW

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Petitioner, a prisoner of the State of California, currently incarcerated at Pelican Bay State Prison in Crescent City, California, has filed a habeas corpus petition pursuant to 28 U.S.C. § 2254 challenging the Board of Prison Terms ("BPT") denial of parole vs. ROBERT HOREL, WARDEN, Respondent GEORGE RUIZ, Petitioner, ) ) ) ) ) ) ) ) ) ) ) No. C 07-4804 JSW (PR) ORDER DENYING MOTION FOR RECONSIDERATION; SETTING DISCOVERY CUT-OFF (Docket No. 15) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

during parole suitability proceedings. The Court granted Petitioner's request to conduct
discovery "limited to the issues identified in his motion" and "provided such discovery conforms to the Federal Rules Governing Habeas Corpus Cases under 28 U.S.C. § 2254, and the applicable local rules." Respondent has filed a motion for reconsideration of the Court's order. In his motion, Respondent characterizes the Court's order as requiring Respondent to identify all prisoners "similarly situated" to Petitioner, granting Petitioner permission to contact and obtain declarations and documentation from all such inmates, and requiring Respondent to produce the transcripts from the parole hearings for all such inmates. The Court's order provided no such thing. The order simply granted Petitioner leave to conduct discovery, but made no ruling on the propriety of any particular discovery requests, including the

Case 3:07-cv-04804-JSW

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requests identified by Respondent. The Federal Rules of Civil Procedure and the Local Rules govern the procedures Petitioner must follow for propounding any discovery requests upon Respondent, for Respondent to respond to such requests, and for the parties to meet and confer to resolve any disputes about any discovery Petitioner seeks. Until such time as Petitioner properly propounds any discovery requests upon Respondent in accordance with such rules, Respondent is under no obligation to provide Petitioner with any discovery material. Respondent's motion for reconsideration is DENIED. Good cause appearing, the discovery cut-off date, i.e. the last date for the parties to serve any discovery request upon each other, is hereby set at 30 days from the date this order is filed. This order terminates Docket No. 15. IT IS SO ORDERED. DATED: July 3, 2008 JEFFREY S. WHITE United States District Judge

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Case 3:07-cv-04804-JSW

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George Ruiz B82089 Pelican Bay State Prison P.O. Box 7500 Crescent City, CA 95532 Dated: July 3, 2008 v. ROBERT HOREL et al, Defendant. GEORGE RUIZ, Plaintiff,

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV07-04804 JSW CERTIFICATE OF SERVICE

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on July 3, 2008, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk