McGee v. Salinas Valley State Prison

Summary

The United States District Court for the Eastern District of California denied without prejudice a state prisoner’s motion to compel and for sanctions seeking trial transcripts and discovery in a § 2254 habeas action. The court also denied a motion for reconsideration and request for subpoenas, while granting petitioner thirty days to file a reply to the answer.

Holdings

1. The court denied the motion to compel and for sanctions without prejudice because petitioner's substantially similar request for transcripts and discovery was pending in Sacramento County Superior Court. Petitioner could renew the request after resolution of the state proceeding, if appropriate.
2. A state prisoner has no constitutional right to a trial transcript merely to assist in preparing a federal collateral attack on a conviction. Copies under 28 U.S.C. § 2250 may be provided in the court's discretion when the petitioner supplies sufficient information to establish their necessity.
3. A habeas petitioner is not presumptively entitled to broad discovery; discovery is permitted only in the court's discretion and for good cause shown, and a requesting party must provide reasons for the request.
4. The motion for reconsideration and request for subpoenas was denied because it appeared directed to the California Supreme Court; construed as directed to the district court, it did not change the reasons for denying the motion to compel.

Questions Presented

1. Whether the court should compel production of petitioner's trial transcripts and discovery or impose sanctions when a substantially similar request was pending in state court.
2. Whether petitioner was entitled to discovery or subpoenas in the § 2254 proceeding without first satisfying the applicable discretionary and good-cause requirements.
3. Whether petitioner's motion for reconsideration and request for subpoenas should be granted when the motion appeared directed to the California Supreme Court and did not alter the basis for denying the motion to compel.
4. Whether petitioner should receive additional time to reply to respondent's answer.

Disposition

other