Mendoza v. Cate

Filing 100

ORDER signed by Magistrate Judge Allison Claire on 07/20/16 granting 99 Motion to continue the evidentiary hearing. The evidentiary hearing currently scheduled for 7/25/16 is vacated and will be reset at the court's initiative at a later date. (Plummer, M)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9
10

ARQUIMEDES MENDOZA,

11
12
13
14

No. 2:09-cv-1710 MCE AC P (TEMP)

Petitioner,
ORDER

v.
MATTHEW CATE,
Respondent.

15
16

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

17

of habeas corpus pursuant to 28 U.S.C. § 2254. An evidentiary hearing is scheduled in this matter

18

for July 25, 2016. On July 18, 2016, petitioner filed a motion to continue the evidentiary hearing,

19

explaining that the two witnesses he wishes to call at the hearing will not be available to testify on

20

July 25 despite the efforts of petitioner’s trial counsel to obtain their attendance. Good cause

21

appearing, petitioner’s request for a continuance will be granted. This matter will be reset for

22

evidentiary hearing at a later date at the court’s own initiative.

23

Accordingly, IT IS ORDERED that petitioner’s July 18, 2016 motion to continue

24

evidentiary hearing (ECF No. 99) is granted. The evidentiary hearing currently scheduled for

25

July 25, 2016 is vacated and will be reset at the court’s initiative at a later date.

26

DATED: July 20, 2016

27
28