Smith v. McDonald

Filing 42

ORDER signed by Magistrate Judge Gregory G. Hollows on 10/06/11 ordering petitioner filed a motion for an evidentiary hearing (second amended notice) and set it for argument on 10/13/11 39 . However, the hearing is approximately 1 week away and respondent has not file an opposition or a statement of non-opposition. Nevertheless, the hearing shall go forward on the scheduled date. Whether respondent will be heard depends on the reason why no opposition was filed. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES RAY SMITH,

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Petitioner,

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vs.

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No. CIV S-09-2967 MCE GGH P

M. MCDONALD,

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ORDER

Respondent.
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Petitioner is a state prisoner proceeding with appointed counsel with a petition for

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writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner filed a motion for an evidentiary

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hearing (Second Amended Notice) and set it for argument on October 13, 2011. Doc. 39.

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However, the hearing is approximately one week away and respondent has not filed an

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opposition or a statement of non-opposition. See Local Rule 230. Nevertheless, the hearing

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shall go forward on the scheduled date. Whether respondent will be heard depends on the reason

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why no opposition was filed.

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IT IS SO ORDERED.
Dated: October 6, 2011
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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ggh:ab
smit2967.ord2

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