Gamboa

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JUAN MOLINA JR., Case No. 1:21-cv-00215-HBK Petitioner, ORDER DENYING PETITIONER’S MOTION

FOR AN EVIDENTIARY HEARING AND

v. MOTION FOR APPOINTMENT OF

COUNSEL

M. GAMBOA, (Doc. No. 1) Respondent. 16 Pending before the Court is Petitioner’s pro se petition for writ of habeas corpus filed under 28 U.S.C. § 2254 (Doc. No. 1, Petition) which incorporates a motion for an evidentiary hearing and motion for appointment of counsel. Id. at 16. By separate order, the Court directed Respondent to respond to the Petition. See Doc. No. 7. The Court denies the requested relief without prejudice. 20 1. Evidentiary Hearing 21 An evidentiary hearing in a habeas proceeding is granted only under limited circumstances. 22 See 28 U.S.C. § 2254(e)(2)(A)(ii). Because no response to the petition has yet been filed, it is premature to hold an evidentiary hearing. See Rules Governing Section 2254 Cases, R. 8(a). Petitioner’s motion for an…