Tavner Cook v. Judge Kalra S. Upinder

Good Law
United States District Court, Central District of CaliforniaJune 30, 20232:23-cv-01107California3,994 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION

TAVNER COOK, No. 2:23-cv-01107-DOC-BFM Petitioner, v. ORDER TO SHOW CAUSE WHY HABEAS PETITION

JUDGE KALRA S. UPINDER, SHOULD NOT BE DISMISSED

15 Respondent. 16 17 SUMMARY OF ORDER This is a federal habeas petition challenging a state conviction. Petitioner Tavner Cook is serving a 40-year sentence following his convictions for second degree murder and related gang and firearm enhancements. His Petition raises three claims: a Fourth Amendment claim premised on a search of his cell phone (Ground One); a Fifth Amendment claim concerning the use of undercover informants in his jail cell (Ground Two); and a claim of instructional error (Ground Three). But before a petitioner can file a federal habeas petition in federal court, he must present his claims to the highest state court—a process called “exhaustion.” From what Petitioner has provided and…

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