(DP) Vieira v. On Habeas Corpus

Good Law
United States District Court, Eastern District of CaliforniaOctober 11, 20231:23-cv-01085California2,790 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

In re Case No. 1:23-cv-01085-JLT

RICHARD JOHN VIEIRA, DEATH PENALTY CASE

On Habeas Corpus. ORDER DISMISSING PETITION FOR WRIT

OF HABEAS CORPUS

14 Clerk to Close the Case 15 I. INTRODUCTION Richard John Vieira, a condemned state prisoner proceeding pro se, filed this action on a Petition for Writ of Habeas Corpus Ad Subjiciendum (the “Petition”) claiming that delays in ongoing state court exhaustion proceedings, relating to funding and/or appointing state appellate counsel, suspend and deny his federal right to challenge his 1992 murder conviction and death sentence rendered in Stanislaus County Superior Court Case No. 261617. (Doc. 2 at 1, 5-6, citing U.S. Constitution, art. I, § 9, cl. 2.2). Petitioner requests the Court deem his pending state petition exhausted, appoint new counsel, and grant relief thereon. (Id. at 4, 17.) II. SCREENING REQUIREMENT Under Rule 4 of the Rules Governing Section 2254 Cases, this Court is…

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