Flores v. Jacquez

Filing 32

ORDER by Judge Ronald M. Whyte Denying 28 Motion for In-Camera Review/Evidentiary Hearing. (jg, COURT STAFF) (Filed on 6/5/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ISSAC FLORES,

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Petitioner,
vs.
GREG LEWIS, Acting Warden,

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Respondent.

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No. C 10-2773 RMW (PR)
ORDER DENYING MOTION FOR
IN CAMERA REVIEW /
EVIDENTIARY HEARING

(Docket No. 28.)

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Petitioner, a state prisoner proceeding pro se, filed a writ of habeas corpus pursuant to 28

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U.S.C. § 2254 challenging a disciplinary decision. Respondent has filed an answer to the

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petition, and petitioner has filed a traverse.

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Pending before the court is petitioner’s motion for an in-camera review / evidentiary

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hearing. At this point, the court finds it is premature to decide whether an in-camera review or

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evidentiary hearing is warranted. After the court has had the opportunity to review the

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arguments and evidence submitted by the parties, the court can determine whether such a review

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or hearing would be helpful. Accordingly, petitioner’s motion is DENIED without prejudice.

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IT IS SO ORDERED.
DATED:
_________________________
RONALD M. WHYTE
United States District Judge

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Order Denying Motion for In Camera Review / Evidentiary Hearing
G:\PRO-SE\SJ.Rmw\HC.10\Flores773evid.wpd

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

ISAAC FLORES,

Case Number: CV10-02773 RMW

Plaintiff,

CERTIFICATE OF SERVICE

v.
FRANCISCO JACQUEZ et al,
Defendant.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on June 5, 2012, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

Isaac Flores D 50574
Pelican Bay State Prison (SHU)
Housing: D-7-112
P.O. Box 7500
Cresent City, CA 95532-7500
Dated: June 5, 2012
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk