Anglea
(HC) Mueck v. Anglea
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 STEVEN MUECK, No. 2:18-cv-02619-TLN-EFB Petitioner, v. ORDER HUNTER ANGLEA Respondent. 16 Petitioner Steven Mueck (“Petitioner”), a state prisoner proceeding pro se, has filed a Motion for Reconsideration, titled “Petitioner’s Declaration in Support of Request for Reconsideration Rule 59.” (ECF No. 28.) For the reasons set forth below, Petitioner’s Motion is DENIED. I. FACTUAL AND PROCEDURAL BACKGROUND On September 24, 2018, Petitioner filed a Petition for Writ of Habeas Corpus. (ECF No. 1.) Petitioner argues that the state trial court violated his Fourteenth Amendment right to due process when it refused to apply a narrower definition of “unreasonable risk of danger to public safety” to his Petition for resentencing under Proposition 36. (ECF No. 1 at 5–9.) On November 29, 2018, Respondent Hunter Angela (“Respondent”) filed a Motion to Dismiss. (ECF No. 14.) Respondent argues the Petition…