Free Order on Motion for Miscellaneous Relief - District Court of Delaware - Delaware

Case 1:07-cv-00812-SLR Document 15 Filed 08/04/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
EMILIANO VAZQUEZ, )
Petitioner, g
v. g Civ. No. 07-812-SLR
MICHAEL DELOY, g
Warden, and ATTORNEY )
GENERAL OF THE STATE )
OF DELAWARE, )
Respondents. g
0 R D E R
At Wilmington this VY day of August, 2008;
IT IS ORDERED that:
Petitioner Emiliano Vazquez’s motion for the transcript of his sentencing hearing
is DENIED. (D.l. 3) Petitioner alleges that the State of Delaware is currently
reconsidering minimum mandatory sentences for certain drug offenses, and he appears
to want the transcript to aid his filing of a motion for sentence reduction or modification
in the Delaware courts. However, aiding petitioner in pursuing a modification of his
sentence in the Delaware state courts does not constitute "good cause" for the
purposes of granting the motion, because petitioner has not demonstrated how the
sentencing transcript would support the claims raised in his federal habeas petition.
SE Rule 6(a)(b), 28 U.S.C. foll. § 2254; Bracy v. Gramley, 520 U.S. 899, 908-09
(1997)(good cause is shown "where specific allegations before the court show reason to
believe that the petitioner may, if the facts are fully developed, be able to demonstrate
that he is entitled to reIief." ); Deputy v. Taylor, 19 F.3d 1485, 1493 (3d Cir. 1994)(a

Case 1:O7—cv-00812-SLR Document 15 Filed 08/O4/2008 Page 2 of 2
petitioner estabIishes"good cause" by "point[ing] to specific evidence that might be
discovered that would support a constitutional cIaim."). Moreover, the record filed by
the by the State provides sufficient information for the court to review petitioner’s
pending application.
UNITED STAT§S DISTRICT JUDGE
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Case 1:07-cv-00812-SLR

Document 15

Filed 08/04/2008

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Case 1:07-cv-00812-SLR

Document 15

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