Benavente v. Hedgpeth

Filing 60

ORDER Regarding Petitioner's 58 Motion for Resentencing; ORDER to SHOW CAUSE Regarding Order Granting Petition as to Ground One signed by Magistrate Judge Gary S. Austin on 05/07/2012. Show Cause Response due by 6/11/2012. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAIME BENAVENTE, JR.,

1:08-CV-00085 GSA HC

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Petitioner,
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ORDER REGARDING PETITIONER’S
MOTION FOR RESENTENCING
[Doc. #58]

v.
ANTHONY HEDGPETH,

ORDER TO SHOW CAUSE REGARDING
ORDER GRANTING PETITION AS TO
GROUND ONE
[Doc. #47]

Respondents.
___________________________________/

THIRTY DAY DEADLINE

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Petitioner is a state prisoner proceeding pro se with a Petition for Writ of Habeas Corpus
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pursuant to 28 U.S.C. § 2254.
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On May 26, 2010, Magistrate Judge John M. Dixon issued an order granting the petition for
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writ of habeas corpus as to Ground One. Magistrate Judge Dixon ordered the case remanded to the
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Tulare County Superior Court and set a deadline of sixty days for resentencing without the gang
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enhancement as to Count Two.
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On April 17, 2012, the Ninth Circuit Court of Appeal denied the appeal. On May 3, 2012,
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Petitioner filed a motion requesting the matter be remanded to the Tulare County Superior Court for
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resentencing. As noted above, however, resentencing was ordered to occur within sixty days of the
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date of the May 26, 2010, order.
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U .S. D istrict C ourt
E. D . C alifornia

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Accordingly, Respondent is ORDERED to SHOW CAUSE within thirty (30) days of the date

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of service of this Order whether resentencing has occurred in this matter, and if not, why it has not

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occurred.

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IT IS SO ORDERED.
6i0kij

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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Dated:

May 7, 2012

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U .S. D istrict C ourt
E. D . C alifornia