Free Order on Motion for Discovery - District Court of Delaware - Delaware

Case 1:08-cv-00027-SLR Document 27 Filed 08/20/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SALIH HALL, aka CECIL )
HALL, )
Petitioner, g
v. g Civ. No. 08-27-SLR
PERRY PHELPS, g
Warden, and ATTORNEY )
GENERAL OF THE STATE )
OF DELAWARE, )
Respondents. g
O R D E R
At Wilmington this lOl‘“` day of August, 2008;
IT IS ORDERED that:
Petitioner Salih HaII’s "motion for discovery pursuant to habeas corpus rule 6(A)"
is DENIED. (D.I. 16) Petitioner requests the production of: (a) "the pre—sentence
reports of all of petitioner’s prior convictions relied upon to declare him a habitual
offender; (b) all diagnostic evaluations generated by the Delaware Department of
Correction when petitioner entered the Department’s facilities; (c) the 1994 psychiatric
report written by an expert from the University of Pennsylvania which formed the basis
of suppression proceedings in the Superior Court. Petitioner also seeks to depose the
"ranking professionals of the National Institute on Drug Abuse" regarding significant
details of the current scientific and medical understanding of chemical dependency.
Finally, petitioner renews his request for appointment of counsel. However, after
reviewing the record provided, the court concludes that there is no "good cause" to

Case 1:08-cv-00027-SLR Document 27 Filed 08/20/2008 Page 2 of 2
grant the motion at this time. g Rule 6(a)(b), 28 U.S.C. foll. § 2254; Deputy v.
Taylor, 19 F.3d 1485, 1493 (3d Cir. 1994)(a petitioner estab|ishes“good cause" by
"point[ing] to specihc evidence that might be discovered that would support a
constitutional cIaim.").
UNITED STA§ES DISTRICT JUDGE
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Case 1:08-cv-00027-SLR

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Case 1:08-cv-00027-SLR

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