Patterson

(HC) Silva v. Patterson

Good Law
United States District Court, Eastern District of CaliforniaMay 20, 20211:20-cv-01442California1,013 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 HELIODORO A. SILVA, No. 1:20-cv-01442-NONE-JLT (HC) Petitioner, ORDER DENYING MOTION FOR

RECONSIDERATION

v. [Doc. No. 19] GIGI PATTERSON, Warden, Respondent. 16 Petitioner Heliodoro Silva is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. His petition raises thirteen grounds for federal habeas relief that encompass alleged errors in jury instructions, ineffective assistance of counsel, and prosecutorial misconduct, among other issues in connections with petitioner’s underlying criminal in state court. On April 1, 2021, the court granted respondent’s motion to dismiss claims 7 through 13 from the petition due to petitioner’s failure to exhaust those claims by first presenting them to the state’s highest court. (Doc. No. 25.) The court noted that the claims were rejected by the California Court of Appeal on procedural grounds, and that petitioner had…

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