Ontiveros v. Subia

Filing 67

ORDER signed by Magistrate Judge Dale A. Drozd on 1/29/15 ordering ( Evidentiary Hearing set for 6/1/2015 at 09:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd.) The evidentiary hearing will be limited to the issue of whether petiti oner is entitled to equitable tolling of the statute of limitations. The court will issue a separate order and writ of habeas corpus ad testificandum for petitioner's attendance at the evidentiary hearing approximately 6 weeks prior to the hearing date. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ED ONTIVEROS,

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Petitioner,

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No. 2:07-cv-1441 JAM DAD P

v.

ORDER

R.J. SUBIA, Warden,

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Respondent.

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Petitioner is a state prisoner proceeding through counsel with a petition for writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. The court finds that an evidentiary hearing is warranted in

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this matter on the issue of whether petitioner is entitled to equitable tolling of the statute of

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limitations.

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Accordingly, IT IS HEREBY ORDERED that:

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1. This matter is set for an evidentiary hearing before the undersigned on June 1, 2015, at

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9:00 a.m. in Courtroom 27;
2. The evidentiary hearing shall be limited to the issue of whether petitioner is entitled to

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equitable tolling of the statute of limitations; and

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3. The court will issue a separate order and writ of habeas corpus ad testificandum for

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petitioner’s attendance at the evidentiary hearing approximately six weeks prior to the hearing

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date. Counsel for petitioner is directed to keep the court apprised of petitioner’s institution of

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incarceration.

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Dated: January 29, 2015

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DAD:9
onti1441.hrg

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