Donaldo Galaz v. People of The State of California

Good Law
United States District Court, Central District of CaliforniaSeptember 11, 20242:24-cv-07517California4,688 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

DONALDO GALAZ, Case No. 2:24-cv-07517-DOC-KES

Petitioner, ORDER TO SHOW CAUSE WHY

v. PETITION SHOULD NOT BE

DISMISSED FOR FAILURE TO STATE

PEOPLE OF THE STATE OF A CONGIZABLE CLAIM AND/OR

CALIFORNIA,

LACK OF EXHAUSTION Respondent.

On September 3, 2024, Donaldo Galaz (“Petitioner”) filed a pro se Petition

for Writ of Habeas Corpus by a Person in State Custody under 28 U.S.C. § 2254

(the “Petition”), challenging the state court’s denial of his petition for resentencing pursuant to California Penal Code section 1176.2. (See Dkt. 1.) Construed liberally, see Woods v. Carey, 525 F.3d 886, 889-90 (9th Cir. 2008) (district courts are obligated to liberally construe pro se litigant filings), the Petition alleges the following three claims: (1) The superior court erroneously denied Petitioner relief under section 1176.2 based solely on the jury’s finding…

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