(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, ORDER GRANTING RESPONDENT'S

MOTION TO MODIFY AND ORDER TO

v. PETITIONER TO SHOW CAUSE WHY

AMENDED PETITION SHOULD NOT

M.B. ATCHLEY, BE DISMISSED AS PREMATURE OR

FILE NOTICE OF VOLUNTARY

Respondent. DISMISSAL1 (Doc. No. 18) MARCH 22, 2023 DEADLINE 18 Pending before the Court is Respondent’s motion to modify the briefing schedule and to accept its incorporated motion to dismiss as Respondent’s response to Petitioner’s Amended Petition in lieu of an answer to the Amended Petition. (Doc. No. 18). Respondent notifies the Court that it recently learned Petitioner’s sentence is not yet final because Petitioner has not yet been resentenced pursuant to the California Court of Appeal’s order reversing the substantive gang conviction and remanding for…