Is there any case law where a judge has been found to have abused the discretion of an evidentiary hearing?
MultiRegion, United States of America
The following excerpt is from Henry v. Ryan, D.C. No. 2:02-CV-00656-SRB, No. 09-99007 (9th Cir. 2013):
abuse its discretion. See Rhoades, 638 F.3d at 1037 ("Rhoades points to no additional evidence that would be presented if an evidentiary hearing were held. In short, no abuse of discretion appears."); Gandarela v. Johnson, 286 F.3d 1080, 1087-88 (9th Cir. 2002).
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