Rodriguez

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 9 ANDREW D. RODRIGUEZ, AY1025, Case No. 20-cv-00827-SK (PR)

Petitioner,

ORDER TO SHOW CAUSE

v.

WILLIAM “JOE’ SULLIVAN, Warden, Respondent.

Petitioner, a state prisoner at the California Correctional Institution (CCI) in Tehachapi, has filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging a conviction from Santa Clara County Superior Court. The petition is properly before the undersigned for initial review because petitioner has consented to the jurisdiction of a magistrate judge pursuant to 28 U.S.C. § 636(c). BACKGROUND A jury convicted petitioner of second-degree murder and found true an enhancement allegation that he personally discharged a firearm causing death. On October 16, 2015, petitioner was sentenced to 40 years to life in state prison. He appealed. The California Court of Appeal reversed and remanded for resentencing for the limited purpose of allowing…