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Noel Phillipe Scott v. D.K. Sisto

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

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