(HC) Marroquin v. People of the State of California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NICOLAS ANDRES MARROQUIN, Case No. 1:21-cv-01735-JLT-HBK (HC) Petitioner,

v. ORDER FINDING RESPONDENT’S

MOTION TO DISMISS MOOT

M.B. ATCHLEY, (Doc. No. 12) Respondent.

16 17 Petitioner Nicolas Andres Marroquin, a state prisoner proceeding pro se, has pending an amended petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 6). On April 27, 2022, Respondent filed a motion to dismiss the amended petition as a “mixed petition.” (Doc. No. 12). Respondent identifies the following three grounds raised in the amended petition: (1) the gang expert’s testimony was inadmissible hearsay; (2) the prosecution deprived him of his right to due process by violating multiple and excessive allegations and charges; and (3) cumulative errors. (Id. at 3). Respondent contends the amended petition qualifies as a “mixed petition” because Petitioner did not present grounds two or three to the California Supreme Court. (Id.). On…