Thomas Raymiller Tennard Jr. v. Robert Neuschmid
Opinion
Trial Court Opinion
CIVIL MINUTES –GENERAL
Case No. 5:19-cv-01186-GW(AFM) Date: October 22, 2019 Title Thomas Raymillier Tennard, Jr. v. Robert Neuschmid, Acting Warden
Present: The Honorable: ALEXANDER F. MacKINNON, U.S. Magistrate Judge Ilene Bernal N/A Deputy Clerk Court Reporter / Recorder Attorneys Present for Petitioner: Attorneys Present for Respondent:
N/A N/A
Proceedings (In Chambers): ORDER RE FURTHER PROCEEDINGS Petitioner’s first amended petition for a writ of habeas corpus raises four claims for relief. (ECF No. 7 at 6-7.) On September 20, 2019, Respondent filed a motion to dismiss the petition arguing that Petitioner has not exhausted his state remedies with respect to the following claims: (1) Petitioner’s sentence deprived him of his Constitutional rights and violates that Eighth Amendment’s prohibition against cruel and unusual punishment (Ground Three) and (2) Petitioner’s trial counsel provided ineffective assistance of counsel in advising Petitioner to reject a plea offer with a fifteen-year sentence and failing to advise Petitioner that he faced a Three-Strikes sentence (Ground Four). (ECF…