Pratt

Pratt v. Robertson, Warden

Good Law
United States District Court, Northern District of CaliforniaApril 10, 20255:22-cv-04558California956 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA EUREKA DIVISION 7 ANTHONY PRATT, Case No. 22-cv-04558-RMI

Plaintiff,

SHOW CAUSE ORDER

v. Re: Dkt. No. 16 JAMES ROBERTSON, WARDEN, Defendant.

Petitioner, a California state prisoner, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner is presently serving a 25-years-to-life sentence at Pelican Bay State Prison for the murder of Gary Smith. (Dkt. 16, p. 2). Petitioner alleges that he was deprived of due process at his trial due to insufficient evidence of his guilt, the improper exclusion of favorable evidence, jury instruction errors, and ineffective assistance of counsel. Id. at 9–12. This court had previously stayed Petitioner’s case so that he could exhaust his claims before the California courts. (Dkt. 6); see Kelley v. Small, 315 F.3d 1063 (9th Cir. 2003). Petitioner has since moved to lift the stay, and the court has granted the motion. (Dkts. 14, 15). Now before the 20 court is…

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