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Bonner v. Ercole

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 11, 2008

IVAN BONNER, PETITIONER,
v.
ROBERT E. ERCOLE, SUPT., GREEN HAVEN CORRECTIONAL FACILITY, RESPONDENT.

The opinion of the court was delivered by: David E. Peebles U.S. Magistrate Judge

ORDER

Presently before this Court is a motion for discovery from pro se petitioner Ivan Bonner. Dkt. No. 9. By his motion, petitioner seeks an affidavit filed in New York state court by Assistant District Attorney Francisco Calderon on October 31, 2005, in support of a requested court order to produce petitioner at the trial of his co-defendant. Dkt. No. 9. This affidavit is sought by petitioner in support of the claim asserted in his habeas corpus petition that his production at the Albany County Court for his co-defendant's trial violated the terms of his April 8, 2003 plea agreement. See Dkt. No. 1 at 5.*fn1

In response to petitioner's motion, counsel for the respondent "takes no position on whether petitioner has demonstrated good cause" for the requested discovery, but states that a copy of the requested affidavit will be provided to the petitioner. Dkt. No. 19 at ¶ 8.*fn2

Accordingly, it is hereby

ORDERED, that petitioner's request for discovery (Dkt. No. 9) is DENIED as moot, and it is further

ORDERED, that the Clerk strike respondent's submission in opposition to petitioner's discovery request (Dkt. No. 12) from the docket in this action, and it is further

ORDERED, that the Clerk serve a copy of this Order on the parties.


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