Killingsworth v. Sabatka-Rine et al

Filing 36

MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Petitioner's Motion for an Evidentiary Hearing (filing no. 34 ) is denied. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DAVID L. KILLINGSWORTH,
Petitioner,
v.
DIANE SABATKA-RINE, Warden,
and ROBERT HOUSTON, Director,
Respondents.

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4:11CV3222

MEMORANDUM
AND ORDER

This matter is before the court on Petitioner’s Motion for an Evidentiary
Hearing. (Filing No. 34.) The court dismissed this matter on November 5, 2012,
because the Petition for Writ of Habeas Corpus was barred by the applicable statute
of limitations. (Filing No. 32.) As such, no evidentiary hearing is warranted.
IT IS THEREFORE ORDERED that: Petitioner’s Motion for an Evidentiary
Hearing (filing no. 34) is denied.
DATED this 14th day of November, 2012.
BY THE COURT:
s/ Joseph F. Bataillon
United States District Judge