Opinion
No. 3:09-1057
05-02-2012
JAMES E. FENTON, JR. Petitioner, v. ROLAND COLSON, Warden, Respondent.
JUDGE HAYNES
RESPONDENT'S MOTION TO RECONSIDER COURT'S GRANTING AN
EVIDENTIARY HEARING AND FOR ISSUANCE OF A WRIT OF HABEAS
CORPUS AD TESTIFICANDUM
Comes the respondent, Roland Colson, Warden, by counsel, pursuant to Federal Rule of Procedure 7(b) and Local Rule 7.01 and respectfully requests this Honorable Court reconsider its Order granting the petitioner's motion for an evidentiary hearing and issuance of a writ of habeas corpus ad testificandum entered on April 30, 2012. In support, the respondent states as follows:
1. On April 30, 2012, the Court entered an Order granting the petitioner's motion for an evidentiary hearing and issuance of a writ of habeas corpus ad testificandum stating the motion was unopposed. (Doc. Entry No. 26).
2. Indeed, the respondent previously opposed the petitioner's request for an evidentiary hearing in the parties Joint Statement setting forth the reasons and