De Los Santos v. People of the State California

Good Law
United States District Court, Northern District of CaliforniaFebruary 4, 20224:21-cv-02328California367 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

JOSE DE LOS SANTOS,

Case No. 21-cv-02328-YGR (PR) Petitioner, ORDER OF DISMISSAL WITHOUT v. PREJUDICE

PEOPLE OF THE STATE CALIFORNIA,

11 Respondent.

The instant action was originally before the Honorable Lucy H. Koh, and it was subsequently reassigned to the undersigned. Dkt. 11. Petitioner, a detainee at Santa Clara County Jail, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 alleging: (1) a violation of Brady v. Maryland, 373 U.S. 83 (1963); and (2) excessive bail. Dkt. 1 at 3-4. In an Order dated December 10, 2021, after conducting a preliminary review, Judge Koh dismissed the petition and granted petitioner forty- five days to file an amended petition curing the pleading deficiencies as to the bail claim. Dkt. 9. Specifically, Judge Koh stated as follows:

The Petition is dismissed without leave to amend as to the Brady claim, but with leave to amend as…

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