Eatmon
Eatmon v. People of the State of Cal
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KENDELL EATMON, Case No. 19-cv-07829-HSG
Petitioner, ORDER OF DISMISSAL v.
PEOPLE OF THE STATE OF CAL, Respondent.
12 On November 29, 2019, petitioner filed a pleading titled “Requesting for a Stay in Obedience.” Dkt. No. 1. In this pleading, petitioner stated that on October 18, 2019, in Alameda County Superior Court Case No. 173422, Judge Hymer held a hearing to schedule a hearing to determine whether petitioner is eligible for resentencing pursuant to Cal. Penal Code § 1170(d). Dkt. No. 1. Petitioner requested that the Court stay the “one year time limitation to file his federal habeas petition within this court on the return back to prison.” Dkt. No. 1. That same day, the Clerk notified petitioner that there was no habeas petition pending with this court; that the Court had opened his request for stay as a new action, case number 19-cv-07829 HSG; and that petitioner should submit a completed petition on the proper form by…