Sotelo-Moreno
Sotelo-Moreno v. Bird
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 ANTONIO SOTELO-MORENO, Case No. 20-cv-07077-BLF
Plaintiff,
ORDER GRANTING MOTION TO
v. DISMISS WITH LEAVE TO AMEND;
AND STAYING CASE
LANDON BIRD, [Re: ECF 13] Defendant.
12 Petitioner Antonio Sotelo-Moreno, who is currently in the custody of the California Department of Corrections and Rehabilitation, has filed a petition for writ of habeas corpus under 28 U.S.C. § 2254, challenging his conviction in state court. See Am. Pet., ECF 3. Defendant Landon Bird, the warden of Deuel Vocational Institution, has filed a motion to dismiss Mr. Sotelo- Moreno’s petition for failure to exhaust state court remedies. See Mot., ECF 13. Specifically, Defendant Bird argues that Mr. Sotelo-Moreno’s third claim, challenging the trial court’s failure to give the jury a self-defense instruction, was not raised in his petition for review to the California Supreme Court. Mot. 3. Mr. Sotelo-Moreno concedes that…