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Briscoe v. Scribner

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 18, 2009

KHYLE BRISCOE, PETITIONER,
v.
A.K. SCRIBNER, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Petitioner, a state prisoner proceeding with appointed counsel, is proceeding with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pursuant to a stipulation (Doc. #74), filed on March 16, 2009, the hearing scheduled on March 26, 2009, is vacated, and petitioner's motion for an evidentiary hearing and leave to depose an out of state witness, will be decided on the pleadings.

Accordingly, IT IS HEREBY ORDERED that the March 26, 2009, hearing is vacated.

20090318

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