Jesse Candelario Galvan v. Raymond Madden
Opinion
Trial Court Opinion
I. INTRODUCTION
Pending before the Court is a Petition for Writ of Habeas Corpus by a Person in State Custody (“Petition”), filed by Petitioner Jesse Candelario Galvan (“Petitioner”), a California state prisoner. [Dkt. No. 1]. The Court’s review reveals that the Petition is subject to dismissal because an appeal is currently pending before the California Court of Appeal which may moot the instant federal Petition. The Court will not make a final determination regarding whether the federal Petition should be dismissed, however, without giving Petitioner an opportunity to address this issue. For the reasons discussed below, Petitioner is ORDERED TO SHOW CAUSE in writing by May 11, 2020 why the instant Petition should not be dismissed.
II. RELEVANT BACKGROUND
On March 29, 2019, Petitioner, through counsel, filed a petition to vacate his conviction and for resentencing in Los Angeles County Superior Court, pursuant to California Penal Code § 1170.95(a). [Dkt. No. 45-15, LD 15]. On July 16, 2019, the Superior Court denied the petition. [Dkt. No. 45-17, LD 17].
1 All citations to electronically-filed documents refer to the CM/ECF pagination.