White v. Lizzarraga

Filing 30

ORDER signed by Magistrate Judge Edmund F. Brennan on 07/27/16 ordering ( Evidentiary Hearing set for 9/12/2016 and 9/13/16 at 09:30 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan.) (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MATTHEW DOUGLAS WHITE, 12 13 No. 2:14-cv-1797-JKS-EFB Petitioner, ORDER v. 14 JOE LIZZARRAGA, Warden, 15 Respondent. 16 17 Petitioner White is a state prisoner proceeding through counsel with a petition for a writ of 18 habeas corpus pursuant to 28 U.S.C. § 2254. By order dated June 24, 2016, United States District 19 Judge James K. Singleton, Jr. referred this matter to the undersigned to hold an evidentiary 20 hearing to determine: (1) whether trial counsel communicated the prosecution’s plea bargain offer 21 to resolve petitioner’s criminal case for a 10-year sentence to White and/or whether the 22 prosecutor communicated such an offer to White; and (2) whether White understood and rejected 23 the offer. ECF No. 29. 24 Accordingly, IT IS ORDERED that an evidentiary will take place in Courtroom No. 8 25 (13th floor) on September 12-13, 2016, beginning at 9:30 a.m. each day, to determine the issues 26 described in Judge Singleton’s order, as set forth above. 27 DATED: July 27, 2016. 28

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