LYLE E. STROM, Senior District Judge.
This matter is before the Court on defendant's multiple motions: motion to expand the record (Filing No.
Defendant Shannon Williams ("Williams") filed a motion to expand the record. The defendant wishes to include the oral arguments of his direct criminal appeal as evidence for his 28 U.S.C. § 2255 action. Both the government and defendant cite to the arguments made at the direct appeal in their respective briefs. The Court will deny defendant's motion to expand the record as unnecessary.
Williams also moves for limited discovery to obtain electronic communications and documents from the government. A habeas petitioner is not entitled to broad discovery as a matter of course. Bracy v. Gramley, 520 U.S. 899, 904 (1997). Instead, the Court "may, for good cause, authorize a party to conduct discovery under the Federal Rules of Criminal Procedure or Civil Procedure, or in accordance with the practice and principles of law." Fed. R. Governing § 2255 Proceedings 6(a). Good cause exists "`where specific allegations before the court show reason to believe that the petitioner may, if the facts are developed, be able to demonstrate that he is . . . entitled to relief.'" Bracy, 520 U.S. at 908-09 (citing Harris v. Nelson, 394 U.S. 286, 300 (1969)).
Rule 6(b) of the Federal Rules Governing § 2255 Proceedings requires that a petitioner "provide specific reasons for the request." Fed. R. Governing § 2255 Proceedings 6(b). The purpose in doing so is to enable the Court to evaluate the propriety of discovery and determine whether discovery would lend support to adequately articulated claims involving specific factual allegations. See Calderon v. U.S. Dist. Court for the N. Dist. of Ca. (Nicolaus), 98 F.3d 1102, 1106 (9th Cir. 1996). Discovery is not to be used for "fishing expeditions to investigate mere speculation" or for a prisoner to "explore [his] case in search of its existence." Id. (citing Aubut v. State of Maine, 431 F.2d 688, 689 (1st Cir. 1970)). As a result, the Court will deny Williams' motion.
Defendant has filed additional motions (Filing No.
Williams moves this Court to provide him with the transcripts from pretrial motions and oral arguments. Williams' previous filings demonstrate that the defendant has access to the transcripts. (See Filing No.
Finally, Williams moves to amend claim 2 of his § 2255. The Court will consider Williams motion for clarification (Filing No.
IT IS ORDERED:
2) Filing No.
3) Filing No.
4) Filing No.
5) Filing No.
6) Filing No.