Opinion
No. CIV S-11-0180 KJM CKD
01-10-2012
JOHNNY C. THOMAS, Petitioner, v. GARY SWARTHOUT, Respondent.
ORDER
Petitioner is a state prisoner proceeding pro se with an application for writ of habeas corpus pursuant to 28 U.S.C. § 2254. By order dated December 5, 2011, this court denied petitioner's July 25, 2011 motion for evidentiary hearing. (Dkt. No. 30.) On January 4, 2012, petitioner filed another motion for evidentiary hearing. For the reasons stated in its earlier order, the court will deny this motion also. See Cullen v. Pinholster, ___ U.S. ___, 131 S.Ct. 1388 (2011).
Accordingly, IT IS HEREBY ORDERED that petitioner's January 4, 2012 motion for evidentiary hearing (Dkt. No. 33) is denied.
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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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