Foss

(HC) Graham v. Foss

Good Law
United States District Court, Eastern District of CaliforniaMay 5, 20202:19-cv-01485California436 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEVONTA B. GRAHAM, No. 2:19-cv-1485-KJM-EFB P Petitioner, v. ORDER TAMMY FOSS, Respondent. 16 Petitioner is a state prisoner who, proceeding without counsel, brings an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The operative petition raises a single claim alleging that the trial court erred in its admission of hearsay evidence. ECF No. 1 at 7-9. Respondent’s answer, filed November 1, 2019, argues that the claim presents no cognizable federal question and is otherwise meritless. ECF No. 17. On April 22, 2020, long after the matter was submitted for decision, petitioner filed a motion to amend. ECF No. 19. He state in the motion that he is developmentally disabled. Id. He adds that his new cellmate is a certified paralegal and is willing to assist him in filing an amended petition that raises cognizable claims alleging violations of his federal constitutional rights. Id. He…

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