Cabrera
Cabrera v. Clark
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 OSCAR AMEZCUA CABRERA, Case No. 21-cv-01296-JD
Plaintiff,
ORDER FOR RESPONDENT TO
v. SHOW CAUSE
KEN CLARK, Defendant.
12 Oscar Cabrera, a state prisoner, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner was convicted in Santa Cruz County, which is in this district, so venue is proper here. See 28 U.S.C. § 2241(d). He has paid the filing fee. BACKGROUND Petitioner was found guilty by a jury of murder for the benefit of a criminal street gang. People v. Cabrera, No. H044409, 2019 WL 2723175, at *1 (Cal. Ct. App. June 28, 2019). The trial court found that petitioner had prior convictions and sentenced him to life in prison without the possibility of parole. Id. The California Court of Appeal affirmed the conviction. Id. The California Supreme Court denied review. Petition at 3. DISCUSSION STANDARD OF REVIEW …