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Michael D. Hickman v. Anthony Hedgepeth

June 21, 2012

MICHAEL D. HICKMAN,
PETITIONER,
v.
ANTHONY HEDGEPETH, WARDEN, RESPONDENT.



The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER DEFERRING CONSIDERATION OF PETITIONER'S REQUEST FOR AN EVIDENTIARY HEARING UNTIL THE MERITS OF THE PETITION ARE CONSIDERED (DOC. 11)
ORDER DEEMING PETITIONER'S MOTIONS TO BE IN PART MOTIONS FOR INJUNCTIVE RELIEF (Docs. 8, 11) FINDINGS AND RECOMMENDATIONS TO DENY PETITIONER'S REQUESTS FOR INJUNCTIVE RELIEF (Docs. 8, 11) OBJECTIONS DEADLINE: THIRTY (30 DAYS

Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter has been referred to the Magistrate Judge pursuant to 28 U.S.C.§ 636(b)(1) and Local Rules 302 and 303. Pending before the Court are Petitioner's motion for a court order filed on April 23, 2012, and Petitioner's supplemental motion for an evidentiary hearing and for an order for law library access filed on May 2, 2012.

I. Order Deferring Consideration of Petitioner's

Request for an Evidentiary Hearing

In his motion filed on May 2, 2012, Petitioner requests an evidentiary hearing. (Doc. 11, 4.)

The decision to grant an evidentiary hearing is generally a matter left to the sound discretion of the district courts. 28 U.S.C. § 2254; Habeas Rule 8(a); Schriro v. Landrigan, 550 U.S. 465, 473 (2007). A court has inherent power to control its docket and the disposition of its cases with economy of time and effort for both the court and the parties. Landis v. North American Co., 299 U.S. 248, 254-255 (1936); Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992).

To obtain an evidentiary hearing in federal court under the AEDPA, a petitioner must allege a colorable claim by alleging disputed facts which, if proved, would entitle him to relief. Schriro v. Landrigan, 550 U.S. at 474. The determination of entitlement to relief is, in turn, is limited by 28 U.S.C. § 2254(d)(1), which requires that to obtain relief with respect to a claim adjudicated on the merits in state court, the adjudication must result in a decision that was either contrary to, or an unreasonable application of, clearly established federal law. Id. Further, in analyzing a claim pursuant to § 2254(d)(1), a federal court is limited to the record that was before the state court that adjudicated the claim on the merits. Cullen v. Pinholster, 131 S.Ct. 1388, 1398 (2011).

Thus, when a state court record precludes habeas relief under the limitations set forth in § 2254(d), a district court is not required to hold an evidentiary hearing. Cullen v. Pinholster, 131 S.Ct. at 1399 (citing Schriro v. Landrigan, 550 U.S. at 474). An evidentiary hearing may be granted with respect to a claim adjudicated on the merits in state court where the petitioner satisfies § 2254(d)(1), or where § 2254(d)(1) does not apply, such as where the claim was not adjudicated on the merits in state court. Cullen v. Pinholster, 131 S.Ct. at 1398, 1400-01.

An evidentiary hearing is not required where the state court record resolves the issues, refutes the application's factual allegations, or otherwise precludes habeas relief. Schriro v. Landrigan, 550 U.S. at 474. No evidentiary hearing is required for claims based on conclusory allegations. Campbell v. Wood, 18

F.3d 662, 679 (9th Cir. 1994). Likewise, an evidentiary hearing is not required if the claim presents a purely legal question, there are no disputed facts, or the state court has reliably found the relevant facts. Beardslee v. Woodford, 358 F.3d 560, 585-86 (9th Cir. 2004); Hendricks v. Vasquez, 974 F.2d 1099, 1103 (9th Cir. 1992).

Thus, in most instances, it is not possible to consider a motion for an evidentiary hearing before the merits of the petition are considered. In the present case, Respondent has not yet responded to the petition. Because the case is not fully briefed or ready for decision on the merits, it is not yet possible to rule on Petitioner's motion for an evidentiary hearing.

Accordingly, in the exercise of the Court's discretion, it is ORDERED that consideration of Petitioner's motion for an evidentiary hearing is DEFERRED until the ...


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