Bustamante v. Scribner

Filing 32

ORDER GRANTING Petitioner's 20 Request for Decision on Permission to File Newly Discovered Evidence signed by Magistrate Judge Dennis L. Beck on 9/17/2009. (Figueroa, O)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 16 pursuant to 28 U.S.C. § 2254. 17 On January 26, 2009, Petitioner filed a motion entitled "Request for Decision on Permission 18 to File Newly Discovered Evidence." (Doc. #20). Petitioner seeks to expand the record by 19 introducing an affidavit by Lavenia Perez, which he claims will support the Ineffective Assistance of 20 Counsel claim he made in his petition. As of the date of this order, Respondent has not objected to 21 the new evidence. 22 Pursuant to 28 U.S.C. § 2246 and Rule 7 of the Rules Governing Section 2254 Cases 23 Petitioner's motion is hereby GRANTED and court will consider the Lavenia Perez affidavit in its 24 review of the petition. 25 IT IS SO ORDERED. 26 27 28
U . S . D i s t r ic t C o u r t E. D . C a lifo r n ia

UNITED STATES DISTRICT COURT

MICHAEL BUSTAMANTE,

) ) Petitioner, ) ) v. ) ) ) L.E. SCRIBNER, Warden ) ) Respondent. ) ____________________________________)

1:08-cv-01805 LJO YNP [DLB] (HC) ORDER GRANTING PETITIONER'S REQUEST FOR DECISION ON PERMISSION TO FILE NEWLY DISCOVERED EVIDENCE [Doc. #20]

Dated: 3b142a

September 17, 2009

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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