Williams v. Pliler, et al

Filing 89

ORDER signed by Magistrate Judge John F. Moulds on 11/14/2012 GRANTING respondent's 78 request for an evidentiary hearing; and this matter is SET for an evidentiary hearing on 12/20/2012 at 01:30 PM in Courtroom 26 (JFM) before Magistrate Judge John F. Moulds. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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RICHARD ALEX WILLIAMS,
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Petitioner,

No. 2:03-cv-0721-LKK JFM (HC)

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vs.
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CHERYL PLILER,
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Respondent.

ORDER

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This matter was referred to the undersigned by the Honorable Lawrence K.
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Karlton. See Doc. No 88. Respondent’s August 22, 2012 motion for an evidentiary hearing is
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now pending before this court. A court presented with a request for an evidentiary hearing must
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first determine whether a factual basis exists in the record to support petitioner's claims, and if
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not, whether an evidentiary hearing “might be appropriate.” Baja v. Ducharme, 187 F.3d 1075,
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1078 (9th Cir. 1999); see also Earp v. Ornoski, 431 F.3d 1158, 1166 (9th Cir. 2005).
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Good cause appearing, IT IS HEREBY ORDERED that:
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1. Respondent’s request for an evidentiary hearing is granted; and
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2. This matter is set for evidentiary hearing on December 20, 2012 at 1:30 p.m.

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before the undersigned in Courtroom# 26.

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DATED: November 14, 2012.

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/014;will0721.evid_hrg

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