(HC) Escalon v. K.V.S.P. Warden

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

RICHARD VICTOR ESCALON, Case No. 1:19-cv-00722-LJO-SAB-HC

Petitioner, ORDER TO RESPOND TO FIRST

AMENDED PETITION AND

v. MEMORANDUM OF POINTS AND AUTHORITIES (ECF Nos. 11, 17) K.V.S.P. WARDEN,

Respondent. ORDER SETTING BRIEFING SCHEDULE

ORDER TO ELECTRONICALLY FILE

TRANSCRIPTS AND OTHER NECESSARY

DOCUMENTS

18 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On May 23, 2019, Petitioner filed a federal petition for writ of habeas corpus challenging his 2014 Fresno County conviction for first-degree murder on the grounds that: (1) the trial court prejudicially erred by failing to sua sponte instruct on the lesser-included offense of attempted murder; and (2) the appellate court erred in affirming the judgment with respect to the lesser- included offense instruction. (ECF No. 1). On May 28, 2019, the Court ordered Respondent to file a…