United States District Court, D. Nevada
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE.
a habeas corpus proceeding under 28 U.S.C. § 2254.
Petitioner Jardine has filed a motion for leave to file a
second amended petition, which the Respondents do not oppose.
ECF Nos. 30/33. That motion will be granted. See
Fed. R. Civ. P. 15(a)(2); United States v. Webb, 655
F.2d 977, 979 (9th Cir. 1981) (“Rule
15's policy of favoring amendments to pleadings should be
applied with ‘extreme liberality.'”).
has also filed a second motion for discovery asking this
court to issue an order requiring (1) the Clark County
District Attorney's Office to provide counsel with the
medical records for Carrie Rose it previously disclosed to
Jardine's trial counsel during the litigation of
State v. Jardine, Clark County No. C223240; (2) the
Navy or Department of Defense to disclose all documents in
Rose's official military personnel file; and (3) the Navy
or Department of Defense to disclose Rose's formal
military complaint against a gunnery sergeant at Camp
Lejeune, North Carolina, and any subsequent records related
to Rose's complaint. ECF No. 29. Respondents have filed a
response indicating they “partially oppose”
Jardine's discovery request. ECF No. 32.
do not oppose Petitioner's request with respect to the
medical records for Carrie Rose previously disclosed to trial
counsel. The court will grant the request.
respect to Rose's military records, Petitioner apparently
attempted to obtain these records in the state trial court
based on a contention that Rose “had previously falsely
accused a gunnery sergeant at Camp Lejeune of sexual
misconduct.” ECF No.29, p. 4. He argues that the
records are necessary now to support his claims that the
trial court violated his right to due process by denying his
motion to obtain the records and that his trial counsel's
failure to obtain them constituted ineffective assistance of
court has at least two concerns with this request. First,
Petitioner puts forth nothing more than his
“belief” to support the underlying claim that
Rose brought false accusations against an officer while
serving in the military. See Rich v. Calderon, 187
F.3d 1064, 1068 (9th Cir. 1999) (“[Habeas
discovery] was never meant to be a fishing expedition for
habeas petitioners to 'explore their case in search of
its existence.'”) (citation omitted). Second, both
parties make numerous references to the state court record in
their briefs on this motion, but the relevant portions of the
state court record have yet to be filed in this proceeding.
As such, this court is unable to properly assess whether
Petitioner can satisfy a well-recognized requirement for
federal habeas discovery - i.e., whether he can “show
there is reason to believe that the petitioner may, if the
facts are fully developed, be able to demonstrate that he is
... entitled to relief.” Bracy v. Gramley, 520
U.S. 899, 908-09 (1997) (quoting Harris v. Nelson,
394 U.S. 286, 300 (1969)). For these reasons, the court will
deny Petitioner's discovery request in relation to
Rose's military records.
IS THEREFORE ORDERED that Petitioner's second
motion for discovery (ECF No. 29) is GRANTED in part and
DENIED in part. The Clark County District Attorney's
office is ordered to provide Petitioner's counsel with
the medical records for Carrie Rose it previously disclosed
to Jardine's trial counsel during the litigation of
State v. Jardine, Clark County No. C223240.
Petitioner's request for leave to obtain Rose's
military records is denied.
IS FURTHER ORDERED that Petitioner's motion for
leave to file a second amended petition (ECF No. 30) is
GRANTED. Petitioner's second amended petition is due 45
days from the date this order is entered. In all other
respects, the scheduling of this proceeding is governed by
the court's order of January 8, 2018 (ECF No. 14).
IS FURTHER ORDERED that pending motions for
extension of time (ECF Nos. 31 and 34) are GRANTED nunc
pro tunc as of their respective filing dates.
 Jardine was convicted of attempted
murder with use of a deadly weapon, burglary, first-degree
kidnapping with use of a deadly weapon with substantial
bodily harm, and sexual assault with use of a deadly weapon.
Jardine v. State, Nos. 48736, 487372008 WL 6124726,
at *1 (Nev. S.Ct. Dec. 19, 2008). Carrie Rose was his victim.
 In addition, Petitioner's request
for all documents in Rose's official military
personnel file is far too broad for Petitioner's stated
purpose. See Bracy, 520 U.S. at 909 (“[Habeas]
Rule 6(a) makes it clear that the scope and extent of such
discovery is a ...