Eric Dwight Rice v. Gavin Newsom

Good Law
United States District Court, Central District of CaliforniaMay 11, 20202:20-cv-03235California1,071 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES — GENERAL

Case No. CV 20-03235-PSG (DFM) Date: May 11, 2020 Title Eric Dwight Rice v. Gavin Newsom

Present: The Honorable Douglas F. McCormick, United States Magistrate Judge Nancy Boehme Not Present Deputy Clerk Court Reporter Attorney(s) for Plaintiff(s): Attorney(s) for Defendant(s): Not Present Not Present Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE

On April 2, 2020, Eric D. Rice (“Petitioner”), a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241. See Dkt. 1 (“Petition”).! Petitioner contends that his 1990 no-contest plea should not have counted as a strike under California’s “three-strikes” law. See id. at 2. He also argues that he is entitled to re-sentencing under Propositions 47 and 57. See id. It appears that Petitioner’s claims have not been exhausted in state court. Although Petitioner filed a state habeas petition in the Los Angeles County Superior Court, see…

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