Bell v. Miller

Filing 15

ORDER DISMISSING AS MOOT 14 Motion Requesting Evidentiary Hearing and Production of Discovery, signed by Magistrate Judge Michael J. Seng on 10/14/2011. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JUDY BELL,

1:10-cv-02112 MJS (HC)
Petitioner,

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ORDER DISMISSING PETITIONER'S
MOTION REQUESTING EVIDENTIARY
HEARING AND PRODUCTION OF
DISCOVERY

v.

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W. MILLER, Warden,

[Doc. 14]

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Respondent.
/

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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas
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corpus pursuant to 28 U.S.C. § 2254. On October 3, 2011, this Court dismissed the petition
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for failure to state a cognizable federal claim in light of Swarthout v. Cooke, 131 S.Ct. 859,
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861-62, 178 L. Ed. 2d 732 (2011). On October 7, 2011, Petitioner filed a request for an
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evidentiary hearing and the production of discovery. The Petition was dismissed based on
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the pleadings and exhibits contained in the Petition. As the matter is closed, discovery is
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not appropriate at this time. The motion is hereby DISMISSED as moot.
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IT IS SO ORDERED.
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Dated:
ci4d6

October 14, 2011

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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