Sifuentes v. Hedgpeth

Filing 44

ORDER DENYING MOTION TO RELATE CASES. Signed by Judge William Alsup on 11/21/12. (Attachments: # 1 Certificate/Proof of Service)(dt, COURT STAFF) (Filed on 11/21/2012)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 RUBEN E. VASQUEZ, 11 For the Northern District of California United States District Court 10 12 13 14 15 16 No. C 07-04250 WHA Petitioner, v. ORDER DENYING ADMINISTRATIVE MOTION TO RELATE CASES THOMAS FELKER, Warden, Respondent. / The Court has reviewed respondent’s motion to relate two actions involving the Section 17 2254 habeas petitions of co-defendants Ruben Vasquez and Miguel Galindo Sifuentes. Based on 18 review of the claims asserted in petitioner Sifuentes’ fourth amended petition, this order finds 19 that there is no predominance of issues between the two actions. The Vasquez case involved 20 claims of violation of constitutional rights due to the prosecutor’s use of peremptory challenges 21 to strike African-American prospective jurors based on their race and the removal for cause of 22 eleven prospective jurors on the ground that they failed to disclose their prior criminal histories 23 in their questionnaires. In contrast, it appears that, Sifuentes’ fourth amended petition brings 24 claims for the prosecutor’s removal for cause of jurors on the basis of their race, the application 25 of California’s felony murder rule in violation of the eighth amendment and right to jury trial, 26 and violation of due process when several jurors slept through key portions of the trial, in 27 addition to a Batson claim regarding the prosecutor’s use of peremptory challenges to strike 28 jurors on the basis of race. Although there is a potential overlap on one claim, this order finds 1 that there will not be unnecessary duplication of labor and expense or conflicting results if the 2 cases are conducted before different judges. The motion to relate the two cases is DENIED. 3 4 IT IS SO ORDERED. 5 6 Dated: November 21, 2012. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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