Hill v. Biter

Filing 57

ORDER signed by Magistrate Judge Dale A. Drozd on 5/26/2015 ORDERING respondent to file, within 30 days, an opposition to petitioner's 55 request to expand the record.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CERON HILL,

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No. 2:12-CV-2098 MCE DAD P
Petitioner,

v.

ORDER

MARTIN D. BITER,
Respondent.

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

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habeas corpus pursuant to 28 U.S.C. § 2254. Respondent filed an answer to the petition on

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February 13, 2014. Thereafter, despite receiving numerous extensions of time, petitioner’s

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counsel of record failed to file a traverse. Accordingly, by order dated March 17, 2015,

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petitioner’s motion for substitution of counsel was granted and Joseph J. Wiseman appeared as

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petitioner’s new retained counsel of record. In that same order, petitioner was directed to file a

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traverse within 60 days.

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On May 14, 2015, petitioner filed a traverse. He also filed a separate request to expand

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the record to “at least” include a declaration from petitioner, which provides additional facts in

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support of his habeas claim that his trial counsel rendered ineffective assistance during the plea

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bargaining stage of these proceedings. Petitioner’s motion to expand the record was not set for

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hearing on this court’s calendar, as required by Local Rule 230(b). However, this court has
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recently been advised through the courtroom deputy of the undersigned that the parties would like

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the court to set a hearing on petitioner’s motion.

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Good cause appearing, respondent will be ordered to file a response to petitioner’s motion

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to expand the record within thirty days from the filed date of this order. After receiving the

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opposition, this court will determine whether a hearing is required on the motion and will notify

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the parties accordingly.

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Accordingly, IT IS ORDERED that, within thirty days from the date of this order,

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respondent shall file an opposition to petitioner’s request to expand the record (ECF No. 55.)

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Dated: May 26, 2015

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DAD:8
Hill2098.o

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