(HC) Chance v. De La Cruz

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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10 LESLIE JENEA CHANCE, Case No. 1:24-cv-00709-JLT-SAB-HC

11 Petitioner, ORDER VACATING NOVEMBER 5, 2024

FINDINGS AND RECOMMENDATION

12 v.

AMENDED FINDINGS AND

13 A. DE LA CRUZ, RECOMMENDATION TO DENY

RESPONDENT’S MOTION TO DISMISS

14 Respondent. AND GRANT PETITIONER’S MOTION TO

STAY

15 (ECF Nos. 9, 12) 16 17 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 18 pursuant to 28 U.S.C. § 2254. 19 I. 20 BACKGROUND 21 Petitioner was convicted in the Kern County Superior Court of first-degree murder and 22 sentenced to an imprisonment term of fifty years to life. (ECF No. 1 at 11; LD2 1.) On January 23 27, 2023, the California Court of Appeal, Fifth Appellate District affirmed the judgment. (LD 2.) 24 On April 12, 2024, the California Supreme Court denied the petition for review. (LDs 3, 4.) 25 Petitioner did not file any state post-conviction collateral actions in the California Supreme 26 Court.…