Williams v. Pliler, et al

Filing 93

ORDER signed by Magistrate Judge John F. Moulds on 12/13/2012 ORDERING that the evidentiary hearing time and date set for 12/20/2012 at 1:30 p.m. is VACATED. The evidentiary hearing will be rescheduled as appropriate after the district judge issues his ruling on the order granting an evidentiary hearing. (Zignago, 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,
Petitioner,

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

vs.

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CHERYL PLILER, Warden

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Respondent.
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ORDER

Petitioner is a state prisoner proceeding through counsel with an application for a

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writ of habeas corpus pursuant to 28 U.S.C. § 2254. On June 29, 2012, the undersigned issued

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findings and recommendations which recommended granting the application for writ of habeas

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corpus on petitioner’s claim raised pursuant to Batson v. Kentucky, 476 U.S. 79 (1986). (See

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Dkt. No. 73.) Respondent subsequently filed objections to the findings and recommendations

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(see Dkt. No. 77.) and a motion for an evidentiary hearing. (See Dkt. No. 78.)

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On November 14, 2012, the district judge referred the motion for an evidentiary

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hearing to the undersigned. (See Dkt. No. 88.) On November 15, 2012, the undersigned granted

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the motion for an evidentiary hearing and set the matter for December 20, 2012 at 1:30 p.m.

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(See Dkt. No. 89.)

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Petitioner filed objections to the order granting the motion for an evidentiary
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hearing. (See Dkt. No. 90.) In light of petitioner’s objections, the set time for the evidentiary

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hearing will be vacated to allow review by the district judge of the order granting the evidentiary

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hearing.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The evidentiary hearing time and date set for December 20, 2012 at 1:30 p.m.

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is VACATED.

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2. The evidentiary hearing will be rescheduled as appropriate after the district

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judge issues his ruling on the order granting an evidentiary hearing.

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DATED: December 13, 2012.

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will0721.vacevhg

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