Simmons v. Johnson

Filing 15

ORDER signed by Magistrate Judge Edmund F. Brennan on 05/12/14 denying 3 Motion for an evidentiary hearing. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CAROLYN SIMMONS,

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No. 2:14-cv-413-MCE-EFB P

Petitioner,

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v.

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D.K. JOHNSON,

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ORDER

Respondent.

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Petitioner is a state prisoner proceeding without counsel seeking a writ of habeas corpus

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pursuant to 28 U.S.C. § 2254. She requests an evidentiary hearing. The court has not yet

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reviewed petitioner’s claims in detail, as the State’s response to the petition is not yet due.

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Following a detailed review of the pleadings and records submitted in this action, the court sua

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sponte will order an evidentiary hearing if it appears necessary. The court therefore denies

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petitioner’s request for an evidentiary hearing (ECF No. 3) without prejudice.

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So ordered.
DATED: May 12, 2014.