Asuncion
(HC) Xiong v. Asuncion
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN XIONG, No. 2:18-cv-0373 TLN KJN P Petitioner, v. ORDER P. ASUNCION, Respondent. 16 Petitioner is a state prisoner, proceeding without counsel, with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner raises one claim: his appellate counsel was ineffective for filing a Wende1 brief on appeal. Pending before the court is petitioner’s motion to stay this action in order to exhaust additional claims. (ECF No. 17.) On August 12, 2019, petitioner filed a notice stating that he has completed exhaustion of his additional claims. (ECF No. 23.) Good cause appearing, petitioner’s motion to stay is vacated. Attached to petitioner’s August 12, 2019 notice is a copy of his petition filed in the California Supreme Court. The petition filed in the California Supreme Court raises the following claims: 1) counsel failed to investigate and object to sentencing error (id. at 17-19);…