Cooper

Cooper v. Neuschmid

Good Law
United States District Court, Northern District of CaliforniaOctober 1, 20194:19-cv-05699California1,370 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DERRICK A. COOPER, Case No. 19-cv-05699-JST

Petitioner,

ORDER TO SHOW CAUSE

v.

ROBERT NEUSCHMID, Respondent.

12 INTRODUCTION Petitioner, an inmate at Solano State Prison, filed this pro se action seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. His petition is now before the Court for review pursuant to 28 U.S.C. § 2243 and Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts. He has paid the filing fee. Dkt. No. 1. BACKGROUND According to the petition, in 2014, Petitioner was convicted by a Contra Costa County jury of first degree murder (Cal. Penal Code § 187) and participation in a criminal street gang (Cal. Penal Code § 182.5), with enhancements. Dkt. No. 1 (“Pet.”) at 1-2. Petitioner was sentenced to a total term of 50 years to life in prison. Pet. at 1. In 2017, petitioner’s conviction was affirmed by the California Court of Appeal in 2018, but…

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