TZEN v. U.S., 16-0734-DRH. (2016)
Court: District Court, S.D. Illinois
Number: infdco20161114m86
Visitors: 16
Filed: Nov. 10, 2016
Latest Update: Nov. 10, 2016
Summary: ORDER DAVID R. HERNDON , District Judge . Pending before the Court is the government's motion for summary judgment (Doc. 20). On November 9, 2016, the Court heard oral argument on the motion and took the matter under advisement. After reviewing the pleadings and oral argument, the Court finds that it cannot rule on the record alone. Thus, the Court finds that an evidentiary hearing is necessary to decide the merits of Tzen's 28 U.S.C. 2255 petition. Accordingly, the Court DENIES the mo
Summary: ORDER DAVID R. HERNDON , District Judge . Pending before the Court is the government's motion for summary judgment (Doc. 20). On November 9, 2016, the Court heard oral argument on the motion and took the matter under advisement. After reviewing the pleadings and oral argument, the Court finds that it cannot rule on the record alone. Thus, the Court finds that an evidentiary hearing is necessary to decide the merits of Tzen's 28 U.S.C. 2255 petition. Accordingly, the Court DENIES the mot..
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ORDER
DAVID R. HERNDON, District Judge.
Pending before the Court is the government's motion for summary judgment (Doc. 20). On November 9, 2016, the Court heard oral argument on the motion and took the matter under advisement. After reviewing the pleadings and oral argument, the Court finds that it cannot rule on the record alone. Thus, the Court finds that an evidentiary hearing is necessary to decide the merits of Tzen's 28 U.S.C. § 2255 petition. Accordingly, the Court DENIES the motion for summary judgment. The Court DIRECTS the parties to contact Alex Francis, Courtroom Deputy, with available dates for the hearing.
IT IS SO ORDERED.
Source: Leagle
