Magrihi
(HC) Burns v. Magrihi
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DWAYNE B. BURNS, No. 2: 21-cv-2147 KJN P Petitioner, v. ORDER ERIC MAGRIHI, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On December 27, 2021, the undersigned issued an order addressing the original petition. (ECF No. 8.) The undersigned found that petitioner’s claim alleging ineffective assistance of counsel was not exhausted. (Id.) The undersigned granted petitioner thirty days to file a motion for stay and abeyance. (Id.) On January 3, 2022, petitioner filed a notice of change of address and an amended petition. (ECF Nos. 9, 10.) On January 10, 2022, the December 27, 2021 order was returned unserved. Good cause appearing, the undersigned herein addresses the amended petition. The amended petition raises two claims: insufficient evidence and ineffective assistance of counsel. (ECF No. 10.) The…