Opinion
No. CIV S-02-0872 MCE JFM P.
May 31, 2007
ORDER
Petitioner is a state prisoner proceeding through counsel with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On May 23, 2007, respondent filed a motion to continue the evidentiary hearing presently set in this matter for June 12, 2007. Petitioner has filed a reply indicating that petitioner's counsel and witnesses are available on June 27, 2007, and requesting that any order granting a continuance direct Eric Ross to attend on the new date.
Good cause appearing, IT IS HEREBY ORDERED that:
1. Respondent's May 23, 2007 motion to continue is granted;
2. The evidentiary hearing set for June 12, 2007 is continued to June 27, 2007 at 10:00 a.m. in Courtroom 26; and
3. The subpoena issued for the attendance of Eric Ross continues to June 27, 2007 at 10:00 a.m. at which time Mr. Ross shall present himself to give testimony at the evidentiary hearing in this matter.