Sullivan

(HC) Cuevas v. Sullivan

Good Law
United States District Court, Eastern District of CaliforniaSeptember 30, 20201:18-cv-01281California5,889 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSE LUIS KELLY CUEVAS, Case No. 1:18-cv-01281-NONE-JDP Petitioner, FINDINGS AND RECOMMENDATIONS TO

DENY PETITION FOR A WRIT OF HABEAS

v. CORPUS AND TO DECLINE TO ISSUE A

CERTIFICATE OF APPEALABILITY

J. SULLIVAN,

OBJECTIONS DUE WITHIN 30 DAYS

Respondent. ECF No. 8 16 Petitioner Jose Luis Kelly Cuevas, a state prisoner proceeding without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 8. Petitioner claims that he received: (1) ineffective assistance of trial counsel; (2) ineffective assistance of appellate counsel; and (3) a disproportionate sentence. See id. The California Court of Appeal rejected his claim of ineffective assistance of trial counsel on the merits, see People v. Cuevas, No. F071956, 2016 Cal. App. Unpub. LEXIS 9031 (Dec. 15, 2016); ECF No. 36-12, and the California Supreme 23 1 Respondent moved to dismiss the petition as untimely and unexhausted. ECF No. 19. We denied…

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