Frauenheim

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARIO ARCIGA, No. 1:15-cv-01372-DAD-CDB (HC) 12 Petitioner, 13 v. ORDER GRANTING PETITION FOR A

WRIT OF HABEAS CORPUS

14 SCOTT FRAUENHEIM, Warden, (Doc. No. 1) 15 Respondent.

16 17 BACKGROUND 18 Petitioner Mario Arciga is a state prisoner proceeding pro se and in propria persona with 19 a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. In his pending petition, 20 petitioner asserts that he was denied his rights under the Fourteenth Amendment to the U.S. 21 Constitution when he was tried and convicted of forcible rape, kidnapping to commit rape, 22 attempted lewd act on a child, and attempted kidnapping to commit a lewd act, in the Fresno 23 County Superior Court in 2012, upon which convictions he is currently serving an indeterminate 24 sentence of 25 years-to-life plus 19 years in state prison. (Doc. No. 1 at 1.) Petitioner seeks 25 federal habeas relief on the ground that the state trial court violated his due…