Petrovich v. Santoro

Filing 20

ORDER DENYING, WITHOUT PREJUDICE, 18 Motion for Evidentiary Hearing, signed by Magistrate Judge Michael J. Seng on 03/6/17. (Martin-Gill, S)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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1:15-cv-01546 MJS HC
RICK ALAN PETROVICH,

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ORDER DENYING, WITHOUT PREJUDICE,
Petitioner, MOTION FOR EVIDENTIARY HEARING
(Doc. 18)

v.

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KELLY SANTORO, Warden,
Respondent.

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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2254. On June 27, 2016, Petitioner moved the Court for
an evidentiary hearing. (ECF No. 18.) Petitioner does not specify therein what evidence
he seeks to be produced. Instead, he requests the hearing “if need be” to set forth
relevant facts in support of his petition.
This Court, in reviewing Petitioner's claims and determining if the state court
decision was reasonable, may only rely upon the record before the state court. See
Cullen v. Pinholster, 131 S. Ct. 1388, 1398 (2011) ("We now hold that review under §
2254(d)(1) is limited to the record that was before the state court that adjudicated the
claim on the merits."). As such, further discovery or consideration of new evidence is not
warranted as the Court may not examine evidence not before the state court in its initial

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review of Petitioner’s claims. If, upon substantive review of the petition, the Court

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determines that discovery is necessary, it will provide Petitioner the opportunity to obtain

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same and, if appropriate, schedule an evidentiary hearing.

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It is hereby ordered that Petitioner's motion for an evidentiary hearing be DENIED
without prejudice.

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IT IS SO ORDERED.
Dated:

March 6, 2017

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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