Covello

(HC) Abila v. Covello

Good Law
United States District Court, Eastern District of CaliforniaAugust 2, 20222:22-cv-00264California800 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANGELO ALEX ABILA, No. 2: 22-cv-0264 KJN P Petitioner, v. ORDER P. COVELLO, Respondent. 16 Petitioner is a state prisoner, proceeding without counsel, with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons stated herein, petitioner’s motion to stay is denied without prejudice to filing a renewed motion to stay. The petition raises two claims: 1) the trial court imposed an illegal enhancement; and 2) the lawyer who represented petitioner during resentencing had a conflict of interest. (ECF No. 1.) Petitioner appears to claim that both of these claims are exhausted because they were presented in a habeas corpus petition filed in the California Supreme Court. (Id.) Petitioner also alleges that he has two habeas corpus petitions pending in the San Joaquin County Superior Court raising additional claims. (Id.) On March 22, 2022, the undersigned granted petitioner thirty days to…

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