(HC) Roberson v. Sacramento County Superior Court

Good Law
United States District Court, Eastern District of CaliforniaDecember 5, 20192:19-cv-02325California700 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARLON ROBERSON, No. 2:19-cv-02325 GGH P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

SACRAMENTO COUNTY SUPERIOR

COURT,

15 Respondent.

17 Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of mandamus. ECF No. 1. This case was docketed as a habeas action pursuant to 28 U.S.C. § 2254. Petitioner’s request seeks this court to vacate his Sacramento County Superior Court conviction and order a new trial based on the denial of his Faretta motion. Id. at 1-2,6-7. For relief, petitioner is requesting this court issue a “peremptory writ,” “an emergency stay” and “any and all other relief” this court deems appropriate. Id. at 12. Although petitioner has filed for writs of prohibition with the higher state courts, it does not appear that petitioner has exhausted all state remedies for his conviction, i.e., appeal and/or habeas corpus petitions. Further, petitioner has not filed an in forma pauperis…

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