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HERRERA v. GIPSON, 2:12-cv-0508 DAD P. (2016)

Court: District Court, E.D. California Number: infdco20160115p11 Visitors: 13
Filed: Jan. 15, 2016
Latest Update: Jan. 15, 2016
Summary: ORDER DALE A. DROZD , District Judge . Petitioner is a state prisoner proceeding through counsel with a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. On October 19-20, 2015, the undersigned conducted an evidentiary hearing on petitioner's claim that his 2010 guilty plea was involuntary. At that hearing, the court heard extensive testimony with respect to petitioner's allegation that he entered a plea of guilty as a result of harassment from correctional officers at High
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ORDER

Petitioner is a state prisoner proceeding through counsel with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On October 19-20, 2015, the undersigned conducted an evidentiary hearing on petitioner's claim that his 2010 guilty plea was involuntary. At that hearing, the court heard extensive testimony with respect to petitioner's allegation that he entered a plea of guilty as a result of harassment from correctional officers at High Desert State Prison.

Thereafter, on December 28, 2015, petitioner filed a document entitled "Motion to Reopen Evidentiary Hearing." Attached to that motion are a 2015 report by the Officer of the Inspector General regarding practices at High Desert State Prison from January 1, 2015 to June 30, 2015 with respect to excessive use of force against inmates; several supporting documents; and two 2010 Sacramento Bee newspaper articles. Petitioner requests that this court "reopen the evidentiary hearing, permit additional discovery, and permit additional testimony" in light of the information contained in the exhibits submitted with his motion to reopen.

After reviewing petitioner's motion and exhibits, the court concludes that petitioner's request to conduct additional discovery and to reopen the evidentiary hearing to introduce additional testimony should be denied. The exhibits supporting petitioner's motion have some relevance with respect to the need for an evidentiary hearing in this case in the first instance. However, the court has already ordered and conducted such a hearing, at which extensive testimony was introduced regarding petitioner's specific allegations regarding the entry of his guilty plea. General allegations concerning High Desert State Prison, which do not involve the petitioner, are not directly relevant to petitioner's claim for federal habeas relief before this court. To the extent those are now matters of public record, they will be considered by the court for what they are worth in assessing petitioner's habeas claims.

Accordingly, good cause appearing, IT IS ORDERED that petitioner's December 28, 2015 "Motion to Reopen Evidentiary Hearing" is denied and the February 2, 2016 hearing thereon is vacated from this court's calendar.

IT IS SO ORDERED.

Source:  Leagle

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