Gonzales v. Leotti
Filing
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ORDER 32 Denying Request for Evidentiary Hearing. Signed by Judge Ronald M. Whyte on 2/3/14. (jgS, COURT STAFF) (Filed on 2/3/2014)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ARTEMIO GONZALES,
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Petitioner,
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v.
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GEORGE LEOTTI, Warden,
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Respondent.
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No. C 11-3235 RMW (PR)
ORDER DENYING REQUEST FOR
EVIDENTIARY HEARING
On June 27, 2011, petitioner, a state prisoner proceeding pro se, filed a writ of habeas
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corpus challenging a criminal conviction and judgment pursuant to 28 U.S.C. § 2254. (Docket
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No. 1.) Respondent filed an answer on January 4, 2013. (Docket No. 19.) The matter was
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submitted to the court on February 4, 2013, when petitioner failed to file a traverse. Petitioner
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has filed a letter requesting an evidentiary hearing. (Docket No. 32.)
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An evidentiary hearing is held in federal habeas cases only under the most limited
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circumstances. See Baja v. Ducharme, 187 F.3d 1075, 1077-79 (9th Cir. 1999). Here, there is
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no indication that an evidentiary hearing is required under 28 U.S.C. § 2254(e). Petitioner’s
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claims do not appear to rely upon extra-record evidence and a factual basis exists in the record to
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determine the claims. Upon review of the merits of the petition, if the court determines that
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further fact finding is required, the court will consider whether an evidentiary hearing is
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necessary. Accordingly, petitioner’s motion for an evidentiary hearing is DENIED without
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prejudice.
Order Denying Request for Evidentiary Hearing
G:\PRO-SE\RMW\HC.11\Gonzales235deny-evidhrg.wpd
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IT IS SO ORDERED.
DATED: _______________
RONALD M. WHYTE
United States District Judge
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Order Denying Request for Evidentiary Hearing
G:\PRO-SE\RMW\HC.11\Gonzales235deny-evidhrg.wpd2
UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA
GONZALES et al,
Case Number: CV11-03235 RMW
Plaintiff,
CERTIFICATE OF SERVICE
v.
LEOTTI et al,
Defendant.
/
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 February 3, 2014, 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.
Artemio Gonzales F37380
Department of Corrections and Rehabilitation
Q3-310
PO Box 2000
1600 California Drive
Vacaville, CA 95696
Dated: February 3, 2014
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk
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