Warden

(HC) Abraria v. Warden

Good Law
United States District Court, Eastern District of CaliforniaAugust 24, 20212:21-cv-01161California684 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GREGORY RALPH ABRARIA, No. 2: 21-cv-1161 KJN P Petitioner, v. ORDER WARDEN, et al., Respondents. 16 Petitioner is a state prisoner, proceeding without counsel, with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petition raises five claims related to the 20 years and 4 months sentence imposed on petitioner in 2019 following his probation violation. (ECF No. 1.) On July 12, 2021, the undersigned issued an order finding that petitioner exhausted the claim raised in the petition for review, i.e., petitioner is entitled to be resentenced because the trial court did not realize it had discretion to strike the five-year enhancement. (ECF No. 8.) The July 12, 2021 order granted petitioner thirty days to inform the court whether he intends to proceed on his exhausted claim only or if he intends to request a stay of this action in order to exhaust his unexhausted claims. (Id.) The July 12, 2021 order…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.