Juan Jose Rios v. Neil McDowell

CIVIL MINUTES – GENERAL

Case No.: 5:21-cv-00432-RGK-MAA Date: March 15, 2021 Title: Juan Jose Rios v. Neil McDowell

Present: The Honorable MARIA A. AUDERO, United States Magistrate Judge

James Muñoz N/A Deputy Clerk Court Reporter / Recorder

Attorneys Present for Plaintiff: Attorneys Present for Defendants:

N/A N/A

Proceedings (In Chambers): Order re: Filing of Petition

On March 10, 2021, the Court received and filed Petitioner Juan Jose Rios’s (“Petitioner”) pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (“Section 2254”) (“Petition”). (Pet., ECF No. 1.) The Petition alleges five grounds for federal habeas relief: (1) “the jury should not have been instructed on [Petitioner’s] consciousness of guilt based on fabricated testimony because it was not conclusively established that any testimony was false or [Petitioner] was involved in any fabrication”; (2) “[t]he prosecutor committed prejudicial misconduct during her closing argument by purportedly misstating the law and invoking the prestige of her office”; (3) “the trial court failed to make the required factual…