Sandoval

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 JULIO SANDOVAL, G44696, Case No. 21-cv-01783-CRB (PR)

Petitioner, ORDER OF DISMISSAL WITH

INSTRUCTIONS TO FILE MOTION IN

v. STAYED CASE

THERESA CISNEROS, Warden, (ECF Nos. 2 & 4) Respondent.

On December 13, 2011, petitioner filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging a 2008 conviction from Santa Clara County Superior Court. The petition was filed as civil case number 11-6246 and assigned to the undersigned. See Sandoval v. Biter, No. 11-cv-6246-CRB (N.D. Cal. filed Dec. 13, 2011). On April 12, 2012, the court found that the claims in the petition – (1) insufficient evidence supported the premeditation and deliberation element of petitioner’s first degree murder conviction; (2) denial of equal protection because an aider and abettor of an assault may be convicted of murder, without any finding of malice, under the natural and probable consequences 18 doctrine; and (3)…