Hackett v. City Of Fresno et al

Filing 28

ORDER DISMISSING Petitioner's 14 Motion Requesting a Fair Hearing signed by Magistrate Judge Michael J. Seng on 9/28/2010. (Sant Agata, S)

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(HC) Hackett v. City Of Fresno et al Do c. 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 CITY OF FRESNO, et al., 15 Respondents. 16 / 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: September 28, 2010 /s/ -1Dockets.Justia.com UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ERIC LEE HACKETT, Petitioner, v. 1:09-cv-00855 OWW MJS (HC) ORDER DISMISSING PETITIONER'S MOTION REQUESTING A FAIR HEARING [Doc. 14] Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On September 8, 2009, Petitioner filed a request for a fair hearing. Petitioner is entitled to the appropriate adjudication of his petition in accordance with the Rules Governing Section 2254 Cases and the Federal Rules of Civil Procedure. Should the petition be heard on the merits, Petitioner is entitled to a full and fair hearing. Thus, this motion requests relief that Petitioner is already entitled to under applicable law. Accordingly, the motion is hereby DISMISSED. Michael J. Seng 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ci4d6 UNITED STATES MAGISTRATE JUDGE -2-

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