Tamplin v. Muniz

Filing 68

ORDER DENYING Request for Evidentiary Hearing 55 , signed by Magistrate Judge Sheila K. Oberto on 3/16/16. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DWIGHT TAMPLIN, JR.,
Petitioner,

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Case No. 1:12-cv-01633-AWI-SKO HC
ORDER DENYING REQUEST
FOR EVIDENTIARY HEARING

v.
R. GROUNDS, Warden,

(Doc. 55)
Respondent.

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In his first amended petition for writ of habeas corpus (Doc. 55), Petitioner, a state prisoner
proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, moved for an
evidentiary hearing.
In habeas proceedings, "an evidentiary hearing is not required on issues that can be resolved
by reference to the state court record." Totten v. Merkle, 137 F.3d 1172, 1176 (9th Cir. 1998). "It is
axiomatic that when issues can be resolved with reference to the state court record, an evidentiary
hearing becomes nothing more than a futile exercise." Id. at 1176.
Here, all of Petitioner's claims can be resolved by reference to the state court record.
Accordingly, the Court hereby DENIES the motion for an evidentiary hearing.

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IT IS SO ORDERED.
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Dated:

March 16, 2016

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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