Warden

(HC) Leavy v. Warden

Good Law
United States District Court, Eastern District of CaliforniaJanuary 21, 20251:22-cv-00915California408 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CARNELL A. LEAVY, Case No. 1:22-cv-00915-KES-HBK (HC) Petitioner, ORDER DENYING PETITIONER’S

MOTION FOR EVIDENTIARY HEARING

v.

WARDEN, (Doc. No. 20) Respondent. 16 17 Before the court is Petitioner’s motion for an evidentiary hearing. (Doc. No. 20). Petitioner, a state prisoner, has pending a pro se petition for writ of habeas corpus filed under 28 U.S.C. § 2254. (Doc. No. 1, “Petition”). Petitioner requests an evidentiary hearing because the Court in its September 19, 2024 Order granting Petitioner’s construed motion for review of the Petition to the limited extent that the Court would review this case as expeditiously as possible also noted that the Supreme Court has instructed federal courts to liberally construe the “inartful pleading[s]” of pro se litigants. (See Doc. No. 19 (citing Boag v. MacDougall, 454 U.S. 364, 365 (1982)). Petitioner seeks to “resolve issues” with his “inartful filings” at an evidentiary hearing. (See…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.