IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 9, 2009
JOHN MICHAEL KIRK, PETITIONER,
TOM FELKER, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge
On January 26, 2009, respondent filed a request for reconsideration of the magistrate judge's order filed January 13, 2009, setting an evidentiary hearing to determine whether petitioner might be entitled to equitable tolling for the filing of his habeas corpus petition.*fn1 Pursuant to E.D. Local Rule 72-303(f), a magistrate judge's orders shall be upheld unless "clearly erroneous or contrary to law." Upon review of the entire file, the court finds that it does not appear that the magistrate judge's ruling was clearly erroneous or contrary to law.
Therefore, IT IS HEREBY ORDERED that, upon reconsideration, the order of the magistrate judge filed on January 13, 2009 (Docket # 21), is affirmed.