Eatmon
Eatmon v. Warden
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KENDELL EATMON, Case No. 20-cv-05596-HSG Plaintiff, ORDER DENYING PEITIONER’S
MOTION FOR LEAVE TO AMEND
v. PETITION FOR WRIT OF HABEAS
CORPUS AND MOTION TO STAY
WARDEN, et al., Re: Dkt. Nos. 9, 11 Defendants. 12 Pending before the Court are motions to amend the petition for writ of habeas corpus and to stay the habeas petition filed by Petitioner Kendell Eatmon. Dkt. Nos. 9, 11. For the reasons detailed below, the Court DENIES the motions. I. BACKGROUND Petitioner is currently serving an aggregate state sentence of 52 years to life imprisonment for murder, possession of a firearm by a felon, and shooting at an occupied motor vehicle, with enhancements for personal use of a firearm resulting in great bodily injury. See Dkt. No. 4-6, Ex. D at 178–86. On August 13, 2020, Petitioner filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254. Dkt. No. 1. Petitioner later retained counsel…