MixonGivens
MixonGivens v. People of California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 8 DOMINIC MIXONGIVENS, BC9846, Case No. 21-cv-05520-CRB (PR)
Petitioner,
ORDER OF DISMISSAL
v.
WARREN L. MONTGOMERY, Warden, Respondent.
Petitioner, a state prisoner at Calipatria State Prison (CAL), 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 based on two federal claims: (1) juror misconduct and (2) insufficiency of the evidence. But petitioner exhausted state judicial remedies only as to the second claim. On August 19, 2021, the court dismissed petitioner’s mixed petition – a petition containing both exhausted and unexhausted claims – without prejudice and, pursuant to the law of the circuit, asked petitioner whether he wished to (1) withdraw his unexhausted claim and proceed only on his exhausted claim, or (2) dismiss the entire mixed petition and return to federal court with a new 21 petition once all claims are exhausted. The court also informed petitioner…