(HC) Reed v. Cueva

Filing 8

ORDER signed by Magistrate Judge Deborah Barnes on 1/7/2022 GRANTING petitioner's 6 request to amend. This case is now proceeding on petitioner's exhausted claim, ground one of the petition filed on 8/6/2021. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES C. REED,

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Petitioner,

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No. 2:21-cv-01402 DB P

v.

ORDER

DANIEL CUEVA,

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Respondent.

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Petitioner, a state prisoner, seeks habeas corpus relief pursuant to 28 U.S.C. § 2254

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pertaining to his 2017 arson conviction in the Sacramento County Superior Court. On December

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16, 2021, this case was reassigned to the undersigned magistrate judge for further proceedings.

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(ECF No. 7.)

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By petition filed on August 6, 2021 (ECF No. 1), petitioner raised four grounds for relief

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and admitted that grounds two, three, and four were unexhausted. (See ECF No. 1 at 6.) By order

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dated August 30, 2021 (ECF No. 4), the court determined the petition was a mixed petition

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containing both exhausted and unexhausted claims. Petitioner was directed to inform the court

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whether he would move to withdraw his unexhausted claims and proceed only with his exhausted

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claims, or, in the alternative, whether he would seek a stay to return to state court in order to

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attempt to exhaust administrative remedies on the unexhausted claims.

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In response to the court’s order, petitioner has filed a request to amend his petition seeking

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to proceed only with his exhausted ground for relief. (ECF No. 6.) Petitioner’s request will be

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granted. This case will proceed only on petitioner’s exhausted claim: ground one in the petition,

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that the trial court’s jury instructions lowered the prosecution’s burden of proof.

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In accordance with the above, IT IS HEREBY ORDERED:

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1. Petitioner’s request to amend (ECF No. 6) is granted; and

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2. This case is now proceeding only on petitioner’s exhausted claim, ground one of the

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petition filed on August 6, 2021.

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Dated: January 7, 2022

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DLB7
reed1402.amnd

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