Rivera

Rivera v. Broomfield

Good Law
United States District Court, Northern District of CaliforniaNovember 10, 20214:21-cv-06520California1,386 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JAMIE RIVERA, Case No. 21-cv-06520-HSG

Petitioner, ORDER DISMISSING AMENDED

PETITION WITH LEAVE TO AMEND

v.

PATRICK COVELLO, Respondent.

12 Petitioner, an inmate at Mule Creek State Prison, commenced this pro se action by filing a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his state court conviction. Dkt. No. 1. On October 4, 2021, the Court screened the petition (Dkt. No. 1) and found that the petition stated the following cognizable claim for federal habeas relief: Petitioner’s right to due process was violated when the jury was instructed with CALCRIM No. 1193. Dkt. No. 12. Petitioner has filed an amended petition. Dkt. No. 14, which is now before the Court for review pursuant to 28 U.S.C. § 2243 and Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts. For the reasons set forth below, the amended petition is DISMISSED with leave to amend. …

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