HOWARD D. McKIBBEN, District Judge.
This action is a pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 by a Nevada state prisoner. On June 25, 2014, respondents filed a motion to dismiss this action, along with relevant portions of the state court record. (ECF Nos. 10, 11, 13). On July 7, 2014, petitioner filed a motion for an extension of time in which to respond to the motion to dismiss. (ECF No. 14). By order filed July 9, 2014, the Court granted petitioner a ninety-day extension of time in which to file a response to the motion to dismiss. (ECF No. 15). Petitioner's response was due on October 7, 2014.
Petitioner then filed a motion for a subpoena duces tecum, seeking documents from the justice court in his state criminal case. (ECF No. 16). Respondents filed an opposition to petitioner's motion, arguing that petitioner failed to show good cause for discovery. Respondents also assert that they have already provided a lengthy state court record when they filed the motion to dismiss. (ECF No. 17). In habeas corpus actions, discovery is regulated by Rule 6 of the Rules Governing Section 2254 Cases. Rule 6 provides that discovery in habeas corpus actions may be invoked only after obtaining leave of court and upon a showing of good cause. Rule 6(a) states: "A judge may, for good cause, authorize a party to conduct discovery under the Federal Rules of Civil Procedure and may limit the extent of discovery." Rule 6(b) states: "A party requesting discovery must provide reasons for the request. The request must also include any proposed interrogatories and requests for admissions, and must specify any requested documents." Rule 6, Rules Governing Section 2254 Cases. "Habeas is an important safeguard whose goal is to correct real and obvious wrongs. It was never meant to be a fishing expedition for habeas petitioners to `explore their case in search of its existence.'" Rich v. Calderon, 187 F.3d 1064, 1067 (9
Petitioner has filed a second motion seeking an extension of time in which to file a response to the pending motion to dismiss. (ECF No. 18). Petitioner seeks an extension because he claims that without the documents that he would have obtained from his subpoena duces tecum, he is unable to properly address the motion to dismiss. (Id.). In this order, the Court denies petitioner's motion for a subpoena duces tecum. Petitioner should be able to properly address the motion to dismiss by reference to relevant portions of the state court record, which respondents have filed and served on petitioner. (ECF Nos. 11 & 13). The Court will grant petitioner twenty additional days in which to file his response to the pending motion to dismiss. Respondents will then have seven days in which to file a reply, if they choose to do so. No further extensions of time will be granted regarding the briefing of the motion to dismiss.
Most recently, petitioner has filed a motion to file supplemental points and authorities in support of his petition. (ECF No. 19). The motion is denied, as petitioner is afforded the opportunity to file a response to the motion to dismiss, and if the petition survives the motion to dismiss, he will be afforded a future opportunity to file a reply to the answer.