Burton

(HC) O'Neil v. Burton

Good Law
United States District Court, Eastern District of CaliforniaDecember 19, 20192:18-cv-00858California1,606 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TERRENCE O’NEIL, No. 2:18-cv-0858 KJM AC P Petitioner, v. FINDINGS AND RECOMMENDATIONS ROBERT BURTON, Warden, Respondent. 16 I. Introduction Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, which challenges petitioner’s 2015 conviction and sentence. ECF No. 1. The single-claim petition challenges petitioner’s three-year enhancement for great bodily injury, based on the alleged violation of petitioner’s rights under the Fifth, Sixth and Fourteenth Amendments. The petition has been fully briefed and is submitted for decision. However, currently pending is petitioner’s motion to file a proposed amended habeas petition. ECF Nos. 21-2. The proposed petition is limited to a different single ground for relief, a challenge to petitioner’s five-year enhancement for a prior serious felony conviction. The 27 …

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