Bailey

(HC) Cabrera v. Bailey

Good Law
United States District Court, Eastern District of CaliforniaApril 22, 20251:20-cv-01738California489 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 OMAR CABRERA, Case No. 1:20-cv-01738-KES-HBK (HC) Petitioner, ORDER STRIKING SUPPLEMENTAL

PETITION FOR WRIT OF HABEAS

v. CORPUS O’BRIEN BAILEY, (Doc. No. 52). Respondent. 16 17 On March 18, 2025, the undersigned submitted Findings and Recommendations that Petitioner Omar Cabrera’s Petition for Writ of Habeas Corpus (Doc. No. 1, “Petition) be denied and Petitioner be denied a certificate of appealability. (Doc. No. 47). Of relevance here, the undersigned concluded Petitioner failed to state a claim of ineffective assistance of counsel because the Petition lacked facts to support such a claim. (Id. at 37). Petitioner’s counsel sought and obtained an extension until April 30, 2025 to file objections. (Doc. Nos. 50, 51). On April 17, 2025, Petitioner submitted a pro se Supplemental Petition for Writ of Habeas Corpus “to add new exhausted ‘facts’ to Claim Five for Ineffective Assistance of Counsel…

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