Edwin Omar Garcia v. Alek Villanueva
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES —- GENERAL
Case No. CV 21-00491-DOC (DFM) Date: April 6, 2023 Title Edwin Omar Garcia v. Alex Villanueva
Present: The Honorable Douglas F. McCormick, United States Magistrate Judge Nancy ose Deputy Clerk Court Reporter Attorney(s) for Plaintiff(s): Attorney(s) for Defendant(s): Not Present Not Present Proceedings: (IN CHAMBERS) Order to Show Cause
On January 12, 2021, Petitioner Edwin Omar Garcia filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254. See Dkt. 1. Petitioner challenges his conviction for stalking and resulting sentence of 8 years in prison. See id. at 1-2; see also People v. Garcia, No. B293144, 2019 WL 5799600 (Cal. Ct. App. Nov. 7, 2019) (affirming conviction but striking three one-year sentences for prison priors, making total sentence eight years). On July 29, 2021, the Court granted Petitioner’s motion for a stay under Rhines v. Weber, 544 U.S. 269 (2005). See Dkt. 13. Among other things, Petitioner was ordered to immediately lodge a…