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A habeas petitioner, unlike the usual civil litigant in federal court, is not entitled to discovery as a matter of ordinary course. Thus, in Harris v. Nelson, 394 U.S. 286, 295 (1969), the court concluded that the “broad discovery provisions” of the Federal Rules of Civil Procedure did not apply in habeas proceedings. It held, however, that the All Writs Act, 28 U.S.C. § 1651, gave federal courts the power to “fashion appropriate modes of procedure,” 394 U.S., at 299, including discovery, to dispose of habeas petitions “as law and justice require,” id., at 300. It then recommended that “the rulemaking ...