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Noel Phillipe Scott v. D.K. Sisto

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


February 10, 2011

NOEL PHILLIPE SCOTT, PETITIONER,
v.
D.K. SISTO, RESPONDENT.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Petitioner is a state prisoner proceeding without counsel and in forma pauperis with an application for writ of habeas corpus under 28 U.S.C. § 2254. Plaintiff has filed a motion for an evidentiary hearing. At this time, the court finds the pre-conditions for an evidentiary hearing defined in 28 U.S.C. § 2254(e)(2) are not present.

IT IS THEREFORE ORDERED that the motion for an evidentiary hearing (Dkt. No. 23-2) is denied.

20110210

© 1992-2011 VersusLaw Inc.



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