Ndoh

(HC) Barrientos v. Ndoh

Good Law
United States District Court, Eastern District of CaliforniaSeptember 12, 20222:20-cv-02234California4,339 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 EDWIN PINEDA BARRIENTOS, No. 2:20-cv-02234-TLN-EFB (HC) Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

ROSEMARY NDHO, Warden, Respondent. 15 Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He challenges his 2017 convictions for violating California Penal Code § 288.7(a), sexual intercourse and sodomy of a child under 10 years of age. ECF No. 1 at 1; ECF No. 1-1 at 1. In his original petition, petitioner alleged that (1) his conviction was based on insufficient evidence; (2) the trial court erroneously admitted a statement made by the victim; and (3) the prosecutor committed misconduct by misstating evidence two times. Id. at 5-10. Petitioner seeks to amend the petition to add additional claims and to stay the petition while he exhausts certain claims in the California Supreme Court. ECF Nos. 36, 37, 41. Respondent opposes both requests. ECF No.…

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