Allen

(HC) Duenas v. Allen

Good Law
United States District Court, Eastern District of CaliforniaJuly 10, 20241:24-cv-00335California893 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 GRANTING PETITIONER LEAVE

TO FILE THIRD AMENDED PETITION

v. TRENT ALLEN, Respondent.

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. BACKGROUND On March 20, 2024, Petitioner commenced the instant action by filing a petition for writ of habeas corpus. (ECF No. 1.) 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 (“FAP”) raising only an insufficiency of the evidence claim, which had been exhausted. (ECF No. 7.) On June 7, 2024, the Court granted Petitioner leave to file a second amended petition (“SAP”) because in support of the sole claim…

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