Ubaldo Mio Gutierrez v. Rick M. Hill

CIVIL MINUTES – GENERAL

Case No. CV 21-1255-CAS (MAR) Date: April 15, 2021 Title: Present: The Honorable: MARGO A. ROCCONI, UNITED STATES MAGISTRATE JUDGE

CONNIE CHUNG N/A

Deputy Clerk Court Reporter / Recorder

Attorneys Present for Petitioner: Attorneys Present for Defendants:

N/A N/A

Proceedings: (In Chambers) ORDER TO SHOW CAUSE WHY PETITION SHOULD

NOT BE DISMISSED AS SECOND OR SUCCESSIVE, AND INSTEAD

BE TRANSFERRED TO THE NINTH CIRCUIT PURSUANT TO 28

U.S.C. § 1631 FOR APPROPRIATE ACTION

On February 3, 2021, Ubaldo M. Gutierrez (“Petitioner”), a state prisoner proceeding pro se, constructively filed a Petition for Writ of Habeas Corpus (“Petition”) under 28 U.S.C. § 2254. Dkt. 1. The Petition claims that newly discovered evidence entitles him to a new trial, that he received ineffective assistance of counsel, and that he is actually innocent of the underlying offense. Id. at 8-9. Specifically, Petitioner alleges that he received newly discovered evidence in the form of a “gun shot residue test”1 that he was able to obtain “[d]ue to changes in law” allowing Petitioner to…