Gamboa

(HC) Kasianov v. Gamboa

Good Law
United States District Court, Eastern District of CaliforniaMarch 29, 20222:21-cv-00193California3,359 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 OLEKSANDR KASIANOV, No. 2:21-cv-0193 JAM DB P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

GAMBOA, Respondent. 16 Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus under 28 U.S.C. § 2254. He challenges his 2018 convictions for attempted kidnapping, battery, assault with intent to commit oral copulation, and false imprisonment imposed by the Sacramento County Superior Court. Before the court are respondent’s motion to dismiss, petitioner’s motion to stay, and petitioner’s motions to amend the petition. For the reasons set forth below, this court will recommend the motion to dismiss be granted and petitioner’s motions be denied. BACKGROUND Petitioner filed his federal habeas petition on February 1, 2021. (ECF No. 1.) He argues the prosecution’s use of propensity evidence violated his right to due process, his counsel was ineffective…

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