Hammons v. Tracy et al

Filing 34

ORDER by Magistrate Judge Kevin R. Sweazea denying 3 Motion for Hearing (cbf)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO UNITED STATES OF AMERICA, Plaintiff/Respondent, v. No. 16-cv-499-JB-KRS 07-cr-1164-JB ROBERT L. HAMMONS, Defendant/Movant. ORDER DENYING HEARING REQUEST Before the Court is Robert L. Hammons’ motion seeking an emergency hearing to demonstrate that his incarceration is unlawful [Doc. 3]. Hammons filed the motion on May 27, 2016 in connection with his pro se 28 U.S.C. § 2241 habeas corpus petition [Doc. 1]. Thereafter, counsel was appointed and the petition was amended to seek relief under § 2255 and Johnson v. United States, 576 U.S. ___, 135 S. Ct. 2551 (2015) [Doc. 6]. After reviewing the parties’ submissions, the Court filed proposed findings and conclusions recommending that Hammons’ § 2255 motion be granted [Doc. 33]. The United States did not object. To the extent the hearing request is not moot, the Court, in its discretion, determines such relief is unnecessary. United States v. Moya, 676 F.3d 1211, 1214 (10th Cir. 2012) (“District courts are not required to hold evidentiary hearings in collateral attacks without a firm idea of what the testimony will encompass and how it will support a movant’s claim.”). It is therefore ORDERED that the motion [Doc. 3] is DENIED. ____________________________________ KEVIN R. SWEAZEA UNITED STATES MAGISTRATE JUDGE

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