Williams v. Pliler, et al

Filing 95

ORDER signed by Judge Lawrence K. Karlton on 12/20/12 ORDERING that upon reconsideration, the order of the magistrate judge filed 11/15/12, is affirmed. (Becknal, R)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

RICHARD ALEX WILLIAMS,
Petitioner,

11
vs.

12
13

No. 2: 03-cv-0721 LKK JFM

CHERYL PLILER,
Respondent.

14

ORDER
/

15

Petitioner is a state prisoner and is proceeding through counsel with an

16
17

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

18

magistrate judge recommended granting the habeas petition. Subsequently, respondent moved

19

for an evidentiary hearing. Respondent’s motion for an evidentiary hearing was referred to the

20

magistrate judge. On November 15, 2012, the magistrate judge granted respondent’s motion for

21

an evidentiary hearing. (See Dkt. No. 89.) Petitioner filed objections to the order granting the

22

evidentiary hearing. (See Dkt. No. 90.) Pursuant to E.D. Local Rule 303(f) and Federal Rule of

23

Civil Procedure 72(a), a magistrate judge’s orders shall be upheld unless “clearly erroneous or

24

contrary to law.” Upon review of the entire file, the court finds that it does not appear that the

25

magistrate judge’s ruling was clearly erroneous or contrary to law.

26

/////
1

1

Therefore, IT IS HEREBY ORDERED that, upon reconsideration, the order of

2

the magistrate judge filed November 15, 2012, is affirmed.

3

DATED: December 20, 2012.

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2