Carlos Arteaga v. Ken Clark

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 CARLOS ARTEAGA, Case No. 2:19-cv-07305-ODW (AFM) 12 Petitioner, ORDER DISMISSING PETITION 13 FOR WRIT OF HABEAS CORPUS v.

WITHOUT PREJUDICE

14 KEN CLARK, Warden, 15 Respondent. 16 17 18 Petitioner, a state prisoner, filed this petition for a writ of habeas corpus 19 pursuant to 28 U.S.C. § 2254 in the United States District Court for the Eastern 20 District of California. The case was subsequently transferred to this Court. (ECF No. 21 5.) The petition challenges Petitioner’s conviction of two counts of attempted murder 22 in Los Angeles County Superior Court case number LA081087. (ECF No. 1.) It raises 23 two grounds for relief: (1) the trial court’s failure to instruct the jury regarding lesser 24 offenses deprived Petitioner of his constitutional rights; and (2) Petitioner’s case 25 should be remanded to the trial court for resentencing pursuant to California Senate 26 Bill 620. (ECF No. 1 at 6, 8 (referring to ¶ 9(f) of the petition as setting out the two 27 grounds).) 28…