Thomas K. Mills v. S. Marsh
Opinion
Trial Court Opinion
CIVIL MINUTES – GENERAL
Case No.: 2:19-cv-05237-DDP-MAA Date: September 9, 2019 Title: Mills v. Marsh
Present: The Honorable MARIA A. AUDERO, United States Magistrate Judge
Chris Silva N/A Deputy Clerk Court Reporter / Recorder
Attorneys Present for Plaintiff: Attorneys Present for Defendants:
N/A N/A
Proceedings (In Chambers): Third Order to Show Cause Why the Petition Should Not Be Dismissed Without Prejudice for Failure to Exhaust State-Court Remedies
On February 21, 2019, Petitioner Thomas K. Mills filed an application for leave to file a second or successive petition in the Ninth Circuit Court of Appeals. (See ECF No. 1.) On June 13, 2019, a Ninth Circuit panel denied the application as unnecessary and transferred the action to this Court to be processed as a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (ECF No. 2, at 1-2.) Petitioner filed a petition for writ of habeas corpus on June 28, 2019. (“Petition,” ECF No. 5.) The Petition alleges two grounds for relief: (1) Petitioner is eligible for resentencing to remove a sentencing enhancement imposed…