Warden

Whittier Em v. Warden

Good Law
United States District Court, Central District of CaliforniaMay 9, 20242:21-cv-04188California737 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES —- GENERAL

Case No. CV 21-04188-CAS (DFM) Date: May 9, 2024 Title Whittier Em v. Warden

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

In May 2021, Petitioner Whittier Em, a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254. See Dkt. 1. Petitioner challenges his conviction on two counts of attempted murder and his resulting sentence of 25 years to life on each count. See id. at 1-2; see also People v. Em, No. B295019, 2019 WL 617004 (Cal. Ct. App. Nov. 20, 2019); Dkt. 5, First Amended Petition at 2. In June 2021, Petitioner moved for a stay and abeyance while he exhausted his unexhausted claims in state court. See Dkt. 7. In November 2022, the Court issued an order granting the motion under Kelly v. Small, 315 F.3d 1063 (9th…

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