Martel

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID EARL WILLIAMS, No. 2:18-cv-2224 KJM DB P 12 Petitioner, 13 v. ORDER 14 MICHAEL MARTEL, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se and in forma pauperis, has filed an 18 application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. (ECF No. 1). The matter 19 was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local 20 Rule 302. 21 Before this court are petitioner’s motion for an evidentiary hearing and respondent’s 22 opposition to it. (ECF Nos. 18, 20). For the reasons stated below, the court shall deny 23 petitioner’s motion. 24 I. RELEVANT FACTS 25 On May 16, 2016, petitioner was sentenced to twenty-five years-to-life for first-degree 26 murder in violation of California Penal Code § 187. (See ECF No. 1 at 1). The petition in this 27 matter was filed in August 2018, and the matter has been fully briefed as of November 20, 2019. 28 (See ECF Nos. 1, 14, 15, 19). The…