Smith v. Holland et al

Filing 13

ORDER DISMISSING 12 Motion Evidentiary Hearing, signed by Magistrate Judge Barbara A. McAuliffe on 11/16/12. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TROY WAYNE SMITH,

1:12-CV-01529 BAM HC

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Petitioner,
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ORDER DISMISSING MOTION FOR
EVIDENTIARY HEARING

v.
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K. HOLLAND, et al.,

[Doc. #12]

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Respondents.
___________________________________/

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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus

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pursuant to 28 U.S.C. § 2254. He consented to the jurisdiction of the Magistrate Judge pursuant to

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28 U.S.C. § 636(c).

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On November 1, 2012, the Court issued an order dismissing the petition with prejudice.

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Judgment was entered on the same date. Thereafter, on November 5, 2012, Petitioner filed a motion

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for evidentiary hearing. Insofar as the petition has been dismissed and the case is now closed, the

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motion will be dismissed as moot.

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Accordingly, IT IS HEREBY ORDERED that the motion for evidentiary hearing is
DISMISSED.

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IT IS SO ORDERED.
Dated:
10c20k

November 16, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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U .S. D istrict C ourt
E. D . C alifornia

cd

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