Martinez

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 ANTONIO M. MARTINEZ, Case No. 19-cv-05498-WHO (PR)

Petitioner, ORDER DISMISSING THREE

CLAIMS;

v.

ORDER SETTING BRIEFING

SCOTT FRAUENHEIM, SCHEDULE Respondent. Dkt. No.

11 INTRODUCTION Petitioner Antonio Martinez seeks federal habeas relief from his state convictions. Respondent moves to dismiss Martinez’s three claims of prosecutorial misconduct as procedurally defaulted because the state court rejected them as successive. (Dkt. No. 14.) Respondent is correct: the prosecutorial misconduct claims are procedurally defaulted. The state’s successive petition bar is independent and adequate. Martinez has not overcome the bar nor shown that an exception to it applies. Accordingly, respondent’s motion is GRANTED and the prosecutorial misconduct claims are DISMISSED. On or before December 14, 2020, respondent shall file an answer regarding the merits of the remaining claims of…