Dixon

Dixon v. Clark

Good Law
714 F. Supp. 2d 1029·2010 WL 2195269·2010 U.S. Dist. LEXIS 60360
United States District Court, Central District of CaliforniaApril 22, 2010Case EDCV 10-0070-VBF (RC)California2,609 words

Opinion

Opinion

Chapman, J.

PROCEEDINGS: (IN CHAMBERS) (1) ORDER DISMISSING PETITION WITHOUT PREJUDICE AND AFFORDING PETITIONER THE OPPORTUNITY TO FILE AN AMENDED PETITION; AND (2) ORDER DENYING PETITIONER’S REQUEST TO STAY THIS PROCEEDING

On January 15, 2010, petitioner Clifford Dixon III, aka Clifford Harrison Dixon III, proceeding pro se, filed a habeas corpus petition under 28 U.S.C. § 2254 , and on March 17, 2010, respondent filed a motion to dismiss the petition. The petitioner filed his opposition to the motion to dismiss on April 19, 2010.

The pending habeas corpus petition raises the following claims:

Ground One — “The Trial Court errord [sic] when it Imposed Sentence on the firearm use enhancement attached to the Count 1 Rape of a spouse conviction, because the trial court used that circumstance to sentence petitioner under the ‘One Strike Law* Dual use of the same facts.” (Petition at 6 and attached pages.)

Ground Two — “Confrontation of witnesses: Trial Court Abused it’s [sic] Discretion and violated petitioner’s U.S. Constitutional Rights when it restricted and/or refused to allow petitioner to Question Key-Witness ‘Tracy L Dixon’ on cross-examination as to her bias against petitioner.”…

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