Cole v. Steele

Filing 10

MEMORANDUM AND ORDER re: 9 IT IS HEREBY ORDERED that Petitioner's Motion for Evidentiary Hearing [Doc. # 9 ] is DENIED without prejudice.. Signed by Magistrate Judge Terry I. Adelman on 9/28/11. (KKS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
A.J. COLE,

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Petitioner,
v.
TROY STEELE,
Respondent.

No. 4:11CV1020

MEMORANDUM AND ORDER
This matter is before the Court on Petitioner’s Motion for Evidentiary Hearing on his pro se
Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. The parties consented to the
jurisdiction of this Court under 28 U.S.C. § 636(c).
Petitioner filed a habeas petition on June 3, 2011 and an amended petition on June 20, 2011.
On July 1, 2011, the Respondent filed a Response to Order to Show Cause Why the Writ of Habeas
Corpus Should not be Granted, and the Petitioner filed a Traverse on July 29, 2011. On that same
date, Petitioner also filed the present Motion for Evidentiary Hearing.
Rule 8(a) of the Rules Governing Section 2254 Cases in the United States District Courts
provides, “[i]f the petition is not dismissed, the judge must review the answer, any transcripts and
records of state-court proceedings, and any materials submitted under Rule 7 to determine whether
an evidentiary hearing is warranted.” Upon thorough review of the record, it appears that the
materials and exhibits are sufficient to determine the merits of Petitioner’s claims, and therefore an
evidentiary hearing is unnecessary at this time.

Accordingly,
IT IS HEREBY ORDERED that Petitioner’s Motion for Evidentiary Hearing [Doc. #9] is
DENIED without prejudice.

Dated this

28th day of September, 2011.

/s/ Terry I. Adelman
UNITED STATES MAGISTRATE JUDGE

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