Washington v. Roberts et al

Filing 12

MEMORANDUM AND ORDER ENTERED: Petitioner's motion 4 for an evidentiary hearing is denied. Respondent's motion 11 for an extension of time to and including September 5, 2011, is granted. Signed by Senior District Judge Sam A. Crow on 8/4/2011. (Mailed to pro se party Marcus B. Washington by regular mail.) (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

MARCUS B. WASHINGTON,
Petitioner,
CIVIL ACTION
No. 11-3045-SAC

vs.
RAYMOND ROBERTS,

Respondent.

MEMORANDUM AND ORDER
This matter comes before the court on petitioner’s motion
for evidentiary hearing (Doc. 4) and on respondent’s motion for
an extension of time to file the Answer and Return (Doc. 11).
Petitioner offers no argument in support of his request for
a hearing, and it is unclear what evidence he might wish to
present.

Generally, “[i]n deciding whether to grant an eviden-

tiary hearing, a federal court must consider whether such a
hearing

could

enable

an

applicant

to

prove

the

petition's

factual allegations, which, if true, would entitle the applicant
to federal habeas relief.”
474

(2007).

Schriro v. Landrigan, 550 U.S. 465,

See also Cullen v. Pinholster, ___ U.S. ___, 131

S.Ct. 1388, 1389 (2011)(“review under § 2254(d)(1) is limited to
the record that was before the state court that adjudicated the
claim on the merits.”).

The court finds no legal basis to grant an evidentiary
hearing in this matter and will deny the motion.
IT IS, THEREFORE, BY THE COURT ORDERED petitioner’s motion
for an evidentiary hearing (Doc. 4) is denied.
IT IS FURTHER ORDERED respondent’s motion for an extension
of time to and including September 5, 2011 (Doc. 11), is
granted.
Copies of this order shall be transmitted to the parties.
IT IS SO ORDERED.
Dated at Topeka, Kansas, this 4th day of August, 2011.

S/ Sam A. Crow
SAM A. CROW
United States Senior District Judge

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