Frauenheim

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARIO ARCIGA, No. 1:15-cv-01372-DAD-CDB (HC) Petitioner, v. ORDER DENYING RESPONDENT’S

MOTION FOR RECONSIDERATION AND

SCOTT FRAUENHEIM, Warden, ADDRESSING THE SCHEDULING OF AN

EVIDENTIARY HEARING

Respondent. (Doc. No. 57)

17 This matter is before the court on respondent’s motion for reconsideration (Doc. No. 57) and on the parties’ briefing addressing the issue of who bears the burden at an evidentiary hearing with respect to step two of a Batson1 challenge. On September 20, 2022, petitioner filed an opposition to respondent’s motion for reconsideration, and on September 21, 2022, respondent filed his reply thereto. (Doc. Nos. 59, 61.) Respondent’s motion was taken under submission on the papers. (Doc. No. 62.) For the reasons explained below, the court will deny respondent’s motion for reconsideration. In addition, the court will confirm that, at the evidentiary hearing, respondent will bear the burden of…