Atchely

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JACINTO JOSE VALDOVINO, No. 2:20-cv-00939 TLN GGH Petitioner, v. ORDER MATTHEW ATCHELY, Respondent. 16 17 On September 30, 2021 at 10:00 a.m., the undersigned shall hold a hearing on the merits of the habeas petition. No later than September 2, 2021, the parties shall inform the court whether they desire an in-person hearing or a hearing via Zoom. While the parties are welcome to discuss at hearing any matter which they think significant, the undersigned is especially interested in the following: 1. When an evidentiary hearing is ordered in state court, may the judge in the evidentiary hearing be a percipient witness as well, like here, on the issue of petitioner’s credibility derived from a prior jury trial in which the judge was not the trier of fact? See generally In re Murchison, 349 U.S. 133 (1955). Further, did the fact finding of process require recusal of the trial judge when…