(HC) Marroquin v. People of the State of California
Opinion
Trial Court Opinion
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 DIRECTING CLERK OF COURT TO
CLOSE CASE
v. (Doc. No. 6) M.B. ATCHLEY, Respondent. 16 17 18 Petitioner, Nicolas Andres Marroquin (“Petitioner”), a state prisoner, is proceeding pro se on his First Amended Petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 6, “First Amended Petition”). On January 26, 2023, Respondent filed a motion to modify the briefing order and accept its incorporated motion to dismiss as Respondent’s response to Petitioner’s First Amended Petition, after discovering that Petitioner has not yet been resentenced pursuant to the California Court of Appeal’s order reversing the substantive gang conviction and remanding for resentencing. (Doc. No. 18). On February 23, 2023, the Court granted Respondent’s motion to modify and ordered Petitioner to show cause why the First Amended 27 1 This matter was referred to the undersigned…