Oscar Rodriguez, Jr. v. Craig Koenig

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

OSCAR RODRIGUEZ JR., Case No. 2:21-cv-05070 SVW (KES)

Petitioner,

ORDER TO SHOW CAUSE WHY

v.

PETITION SHOULD NOT BE

CRAIG KOENIG, Warden, DISMISSED AS MIXED

Respondent.

I.

BACKGROUND

On June 22, 2021, Oscar Rodriguez Jr. (“Petitioner”) constructively filed a Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254. (Dkt. 1 [“Petition”]) Petitioner challenges his conviction for first- degree murder. (Id. at 2.) The Petition raises the following grounds for relief: (1) insufficiency of the evidence, (2) ineffective assistance of counsel, (3) instructional error, (4) prosecutorial misconduct, and (5) cumulative error. (Id. at 3.) On August 11, 2021, Respondent filed a motion to dismiss, and lodged documents (“LD”) from Petitioner’s state proceedings, arguing that the Petition should be dismissed because Ground Five…