Allen

(HC) Duenas v. Allen

Good Law
United States District Court, Eastern District of CaliforniaJune 7, 20241:24-cv-00335California601 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

GUSTAVO ADOLFO DUENAS, Case No. 1:24-cv-00335-SAB-HC

Petitioner, ORDER DISCHARGING ORDER TO

SHOW CAUSE

v. TRENT ALLEN, (ECF No. 6)

Respondent. ORDER GRANTING PETITIONER LEAVE

TO FILE SECOND AMENDED PETITION

16 Petitioner, represented by counsel, is a state prisoner proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. I. DISCUSSION A. Order to Show Cause On April 8, 2024, the Court ordered Petitioner to show cause why the petition should not be dismissed because Grounds Two through Five were unexhausted. (ECF No. 6.) In lieu of filing a response to the order to show cause, Petitioner filed a first amended petition raising only an insufficiency of the evidence claim, which has been exhausted. (ECF No. 7.) Accordingly, the Court will discharge the April 8, 2024 order to show cause. /// /// B. Leave to Amend Petition The Rules Governing…

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