Benavente v. Hedgpeth

Filing 62

ORDER Denying Petitioner's 58 Motion for Resentencing signed by Magistrate Judge Gary S. Austin on 06/12/202012. (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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v.

ORDER DENYING PETITIONER’S
MOTION FOR RESENTENCING
[Doc. #58]

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ANTHONY HEDGPETH,
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Respondents.
___________________________________/

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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. On May 8, 2012, the Court issued an order to show cause directing Respondent to
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state whether resentencing has occurred in this matter, and if not, why it has not occurred.
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U .S. D istrict C ourt
E. D . C alifornia

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On June 6, 2012, Respondent filed a statement regarding Petitioner’s resentencing.

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According to Respondent, resentencing in this matter occurred in Tulare County Superior Court on

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October 27, 2010. Respondent has submitted records from the Tulare County Superior Court

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reflecting same, and further showing that Petitioner was resentenced pursuant to Magistrate Judge

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Dixon’s order of May 26, 2010. Since Petitioner has already been properly resentenced, his motion

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for resentencing is moot.

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Accordingly, Petitioner’s motion for resentencing is DENIED. This case is closed.

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IT IS SO ORDERED.
6i0kij

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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Dated:

June 12, 2012

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