Pfeiffer

(HC) Mayorga v. Pfeiffer

Good Law
United States District Court, Eastern District of CaliforniaJuly 5, 20232:22-cv-01940California3,241 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARIO MICHAEL MAYORGA, No. 2:22-cv-1940 WBS KJN P Petitioner, v. FINDINGS AND RECOMMENDATIONS CHRISTIAN PFEIFFER, Respondent. 16 Petitioner is a state prisoner, proceeding pro se, with a petition for writ of habeas corpus under 28 U.S.C. § 2254. Petitioner challenges his 2019 conviction for first degree murder with enhancements. Respondent’s motion to dismiss the petition as a mixed petition and petitioner’s motion for stay are submitted for decision. As discussed below, the undersigned recommends that petitioner’s motion for stay be denied, and the motion to dismiss be granted. Background Petitioner was convicted in the Sacramento County Superior Court of first degree murder; and a number of sentencing enhancement allegations were found true. Petitioner was sentenced on March 15, 2019, to an indeterminate state prison term of 76 years to life. (ECF No. 1 at 2; 13- 1.) On March 20, 2019, petitioner filed…

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