Alfred Copeland v. Charles Ryan

Concurrence by Judge BERZON

OPINION

CLIFTON, Circuit Judge:

Respondent Charles L. Ryan, as Director of the Arizona Department of Cor*903rections, appeals the district court’s interlocutory orders requiring him to reimburse Petitioner AJfred Copeland for deposition expenses incurred in Copeland’s pending habeas proceeding under 28 U.S.C. § 2254. We have interlocutory jurisdiction under the collateral order doctrine. We conclude that a district court cannot order a state to reimburse an indigent habeas petitioner for deposition expenses in a § 2254 habeas proceeding when, as here, the state did not…