Gastelo

(HC) Barton v. Gastelo

Good Law
United States District Court, Eastern District of CaliforniaJuly 1, 20222:22-cv-00932California1,504 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 WILLIAM BARTON, No. 2:22-cv-0932 KJN P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

JOSEI GASTELO, et al., Respondents. 15 Petitioner is a state prisoner, proceeding pro se and in forma pauperis. On June 9, 2022, petitioner was ordered to file an amended petition. Petitioner’s June 27, 2022 amended petition is now before the court. As discussed below, it is recommended that this action be dismissed. Amended Petition Petitioner challenges his March 2, 1976 conviction on two counts of homicide for which he was sentenced to two consecutive terms of five years to life. (ECF No. 8 at 1.) Petitioner raises two claims. His first claim is unclear, but it appears he challenges the judge’s finding of guilt, claiming petitioner needed a jury trial. (ECF No. 8 at 4.) In his second claim, petitioner contends he was forced to plead guilty. (Id.) The Petition is Untimely Petitioner was convicted in…

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