Hale v. Shinn

Opinion

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Kilian Gregoire Hale, No. CV-20-01388-PHX-DLR (MHB)

10 Petitioner, ORDER

11 v.

12 David Shinn, et al.,

13 Respondents. 14 15 Pending before this Court on referral from presiding District Judge Rayes (Doc. 53), 16 is Petitioner’s Motion to Revisit “Petitioner’s Request for an Evidentiary Hearing with his 17 Suggestions in Support.” (Doc. 49.) Respondents have filed a Response (Doc. 50), to which 18 Petitioner has not replied. 19 Petitioner complains that this Court never ruled on his Motion for an Evidentiary 20 Hearing (Doc. 20). On the contrary, this Court denied Petitioner’s motion as premature, 21 as Respondents had not yet responded to Petitioner’s habeas petition, and the Court had 22 not determined if Petitioner’s claims had merit. (Doc. 24.) Subsequently this Court issued 23 a Report and Recommendation to the presiding District Judge finding that Petitioner’s 24 habeas petition lacked merit and recommending that Petitioner’s habeas petition be denied. 25 (Doc. 40.) The presiding District Judge accepted the Report and Recommendation, and 26 judgment was subsequently entered denying and dismissing Petitioner’s habeas petition 27 with prejudice. (Docs. 47, 48.) 28 As Petitioner’s claims were found to lack merit, Petitioner was not entitled to an evidentiary hearing. See 28 U.S.C. 2254(e)(2); see also Schriro v. Landrigan, 550 U.S. 465, 2|| 474 (2007). Petitioner claims that his motion for an evidentiary hearing contained allegations entitling him to an evidentiary hearing. However, in his motion Petitioner 4|| repeated allegations he had already made in his habeas petition, assertions which the Court found lacked merit. 6 IT IS ORDERED that Petitioner’s Motion to Revisit “Petitioner’s Request for an || Evidentiary Hearing with his Suggestions in Support” (Doc. 49) be DENIED. 8 A motion for reconsideration of this Order may be filed with the presiding District 9|| Court pursuant to 28 U.S.C. § 636(b)(1)(A) within thirty (30) days. 10 Dated this 5th day of January, 2022. 11 12 ( -_ ’ IS Honorable Michelle H. Burns 14 United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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