Torres v. Hatton

Filing 23

ORDER. Signed by Judge Phyllis J. Hamilton on 6/27/18. (Certificate of Service Attached). (kcS, COURT STAFF) (Filed on 6/27/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARIO TORRES,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 17-cv-04332-PJH
ORDER

v.
SHAWN HATTON,
Defendant.

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Petitioner, a state prisoner, filed a pro se writ of habeas corpus pursuant to 28

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U.S.C. § 2254. Petitioner previously filed a second amended petition containing what he

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contended was an exhausted claim that he was actually innocent. He also sought to

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exhaust the following claims: (1) that he received ineffective assistance of counsel

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regarding the plea; (2) that his plea agreement was not fulfilled; (3) that he was denied

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counsel; and (4) that his sentence was illegal.

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The court stayed the case so petitioner could exhaust the additional claims. The

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court also informed petitioner what claims were cognizable on federal habeas review.

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Petitioner has filed a letter indicating the California Supreme Court has denied the

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petition and the claims are exhausted. He also states that he has added a claim

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pursuant to Brady v. Maryland, 373 U.S. 83 (1963) and presented additional arguments.

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It is not clear if the Brady claim was presented to the California Supreme Court.

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Petitioner is informed that this court can only consider claims and arguments that have

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been fully exhausted and presented to the California state courts.

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If petitioner seeks to lift the stay, by July 30, 2018, he must file a brief motion to lift
the stay and an amended petition clearly setting forth his claims and demonstrating that

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the were pre
ey
esented to the Californ Supreme Court.
t
nia
e
IT IS SO ORDER
S
RED.
Da
ated: June 27, 2018
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PH
HYLLIS J. H
HAMILTON
N
Un
nited States District Ju
s
udge

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United States District Court
Northern District of California

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UNITED STATES D
D
DISTRICT C
COURT

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NORTHER DISTRIC OF CALI
RN
CT
IFORNIA

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MARIO TOR
M
RRES,

Case No. 1
17-cv-04332
2-PJH

Plaintiff,
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v.

CERTIFIC
CATE OF S
SERVICE

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SH
HAWN HAT
TTON,
.
Defendant.

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United States District Court
Northern District of California

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I, the un
ndersigned, hereby certify that I am an employe in the Offi of the Clerk, U.S.
ee
ice
Dis
strict Court, Northern Di
istrict of Cal
lifornia.

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That on June 27, 20 I SERV
n
018,
VED a true an correct co
nd
opy(ies) of t attached, by placing
the
said copy(ies) in a postage paid envelo addressed to the pers
i
ope
d
son(s) herein
nafter listed, by
dep
positing said envelope in the U.S. Mail, or by pla
d
n
M
acing said co
opy(ies) into an inter-off delivery
o
ffice
y
rec
ceptacle loca in the Cl
ated
lerk's office.
.

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ario Torres ID: CDC #A
I
AR3573
Ma
Wa
asco State Pr
rison
B-4
4-142
PO Box 5500
O
Wa
asco, CA 932
280

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Da
ated: June 27 2018
7,

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usan Y. Soon
ng
Su
Cl
lerk, United States Distr Court
d
rict
By
y:_________
___________
_______
K
Kelly Collins, Deputy Cle to the
,
erk
H
Honorable PH
HYLLIS J. H
HAMILTON
N

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