Eileen Huber v. A. De La Cruz

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10

EILEEN HUBER, ) NO. CV 24-3305-HDV (AGR)

) 12 Petitioner, ) ) 13 )

A. DE LA CRUZ, Warden, ) ORDER TO SHOW CAUSE WHY

14 ) PETITION FOR WRIT OF Respondent. ) HABEAS CORPUS SHOULD 15 ) NOT BE DISMISSED ) 16 ) 17 Petitioner filed a Petition for Writ of Habeas Corpus by a Person in State Custody (“Petition”) pursuant to 28 U.S.C. § 2254, challenging the state court’s denial of her petition for resentencing under Cal. Penal Code § 1172.6. On the face of the Petition, it appears that the sole ground for relief is not cognizable on federal habeas review. The court orders Petitioner to show cause, in writing, on or before June 13, 2024, why the Petition should not be dismissed. I. PROCEDURAL HISTORY A jury found Petitioner guilty of the first degree murders of Avina, Sams and Denogean as described below along with conspiracy to commit murder and other 28 crimes. (Petition, Dkt.…