Gastelo

(HC) Barton v. Gastelo

Good Law
United States District Court, Eastern District of CaliforniaJune 4, 20202:19-cv-02322California543 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM RAY BARTON, No. 2:19-CV-2322-DMC-P Petitioner, v. ORDER JOSIE GASTELO, Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the Court is respondent’s motion (ECF No. 15) to vacate the March 6, 2020 order to respond to petitioner’s amended petition. It appears that there are currently two active petitions before the Court pertaining to the same underlying conviction of petitioner. In the first case, Barton v. San Joaquin, 2:19-cv- 00148-MCE-DMC (Barton I), petitioner initially filed his habeas petition on January 4, 2019, in the Northern District1. The case was then transferred to this Court on September 25, 2019, and respondent was ordered to file a response to petitioner’s second amended petition. As of this date, the following motions are pending in Barton I: 1. ECF No. 27 Motion to…

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