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Young Lor v. Tom Felker

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


August 3, 2012

YOUNG LOR, PETITIONER,
v.
TOM FELKER, RESPONDENT.

ORDER

Petitioner is a state prisoner proceeding through counsel with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On May 7, 2012, this court issued an order setting a June 20, 2012 evidentiary hearing on petitioner's claims that he received ineffective assistance of trial counsel due to his counsel's conflict of interest and that the prosecutor violated his right to a fair trial by failing to disclose exculpatory evidence to the defense. On May 17, 2012, respondent filed a motion for reconsideration by the assigned District Judge of the May 7, 2012 order. On July 31, 2012, the District Judge denied respondent's motion for reconsideration. In light of the ruling by the District Judge, this court will hereby reset the evidentiary hearing in this matter.

Accordingly, IT IS HEREBY ORDERED that:

1. An evidentiary hearing is set for October 5, 2012 at 9:00 a.m. in Courtroom 27; and

2. The evidentiary hearing will be limited to: (1) the receipt of testimony from petitioner's trial counsel regarding the issues described by the court at the January 6, 2011 hearing on petitioner's motion for an evidentiary hearing; and (2) the receipt of any other evidence relevant to the disposition of the issues raised by the pending petition as discussed in this court's May 7, 2012 order.*fn1

DAD:8 lor2985.reset


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