Anthony M. Delci v. Roberto A. Arias

Good Law
United States District Court, Central District of CaliforniaNovember 21, 20242:24-cv-07531California2,739 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

10 11 ANTHONY M. DELCI, Case No. 2:24-cv-07531-MRA-PD 12 Petitioner, ORDER TO SHOW CAUSE RE:

DISMISSAL OF PETITION

v.

ROBERTO A. ARIAS,

15 Respondent. 17

On September 3, 2024, Petitioner Anthony M. Delci, proceeding pro se, filed a Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254. The Court issues this Order to Show Cause directed to Petitioner because the face of the Petition suggests that is does not raise a claim that is cognizable on federal habeas review. I. Procedural History and Petitioner’s Contentions A. Trial, Direct Appeal, and Resentencing In October 2017, a Los Angeles County Superior Court jury convicted Petitioner of second-degree murder and acquitted him of first-degree murder. [See Dkt. No. 1 at 2]; People v. Delci, No. B292466, 2019 WL 6337601, at *1 (Cal. Ct. App. Nov. 27, 2019) (“Delci I”). The jury also found true the allegation that he committed the murder for the benefit of a criminal street gang but found not true…

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