(HC)Stephen
(HC)Stephen v. Matterson
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STEPHEN RUSSELL FEGAN, No. 1:23-cv-01520-SKO (HC) Petitioner, ORDER DISMISSING PETITION WITH
LEAVE TO FILE FIRST AMENDED
v. PETITION
GISELLE MATTERSON, [THIRTY DAY DEADLINE] Respondent. 16 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. I. PROCEDURAL BACKGROUND On December 13, 1995, Petitioner was convicted in the Merced County Superior Court of the following counts: (1) First degree murder with personal use of a knife (Cal. Penal Code §§ 187 and 12022(b)), with the special circumstance that the murder was committed while Petitioner was engaged in the commission of first degree burglary and arson (Cal. Penal Code § 190.2(a)(17)(vii, viii)); (2) First degree murder with personal use of a knife and an axe (Cal. Penal Code §§ 187 and 12022(b)), with the special circumstances that the murder was committed…