Carr

Carr v. McDowell

Good Law
United States District Court, Southern District of CaliforniaMarch 14, 20243:21-cv-00900California785 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 PAUL DAVID CARR, Case No. 21-cv-0900-MMA (MMP)

Petitioner,

ORDER DENYING MOTION

v. FOR EVIDENTIARY HEARING

NEIL McDOWELL, Warden, et al., [Doc. No. 60] Respondents. 16 Petitioner Paul David Carr filed a federal habeas corpus Petition in this Court on May 10, 2021. Doc. No. 1. A Motion for Stay was granted on August 8, 2022, Doc. No. 24, and he filed his Amended Petition on March 16, 2023. Doc. No. 30. On March 4, 2024, the Court denied Carr’s Amended Petition and denied a Certificate of Appealability. Doc. No. 55. On March 8, 2024, Carr filed a Motion for Evidentiary Hearing. Doc. No. 60. Evidentiary hearings in § 2254 cases are governed by AEDPA, which “substantially restricts the district court’s discretion to grant an evidentiary hearing.” Baja v. Ducharme, 187 F.3d 1075, 1077 (9th Cir. 1999); Clark v. Chappell, / / / / / / / / / 936 F.3d 944, 967–68 (9th Cir. 2019). The…

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