Coronado v. Beard

Filing 32

ORDER DENYING 24 Petitioner's Motion for Evidentiary Hearing signed by Magistrate Judge Barbara A. McAuliffe on 1/4/2016. (Jessen, A)

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1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 4 JOE CORONADO, 5 6 7 Petitioner, No. 1:15-cv-00045-LJO-BAM HC ORDER DENYING PETITIONER’S MOTION FOR EVIDENTIARY HEARING v. JEFFREY A. BEARD, (Doc. 24) 8 Respondent. 9 10 11 12 13 Petitioner, a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, moves for an evidentiary hearing on his claims. Respondent has not filed opposition or consent. The matter has been referred to the Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rules 302 and 303. A court has inherent power to control its docket and the disposition of cases with economy 14 of time and effort for both the court and the parties. Landis v. North American Co., 299 U.S. 248, 15 251-55 (1936); Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992). Petitioner’s motion is 16 most efficiently considered when the Court begins its review of the record and consideration of 17 the petition. Because of the large volume of habeas petitions and limited Court resources, the 18 19 20 petition in this case will be addressed in due course. Accordingly, it is hereby ORDERED that consideration of Petitioner’s motion for evidentiary hearing is DENIED as premature, until the Court considers the merits of the petition. 21 22 IT IS SO ORDERED. 23 24 Dated: /s/ Barbara January 4, 2016 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 25 26 27 28 1

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