Lively

Lively v. Peery

Good Law
United States District Court, Northern District of CaliforniaMarch 18, 20223:21-cv-04222California987 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ERIC J. LIVELY, BF9502. Case No. 21-cv-04222-SK (PR)

Petitioner,

ORDER TO SHOW CAUSE

v.

S. PEERY, Warden, Respondent.

Petitioner, a state prisoner incarcerated at the California Correctional Center (CCC), has filed a pro se first amended petition for a writ of habeas corpus under 28 U.S.C. § 2254 (FAP) challenging a conviction and sentence from Humboldt County Superior Court. Petitioner also has filed a motion for discovery claiming good cause under Rule 6(a) of the Federal Rules Governing Section 2254 Cases, 28 U.S.C. foll. § 2254. The petition is properly before the undersigned for initial review because Petitioner has consented to the jurisdiction of a magistrate judge pursuant to 28 U.S.C. § 636(c). BACKGROUND On March 28, 2018, Petitioner was sentenced to 15 years to life in state prison after a jury found him guilty of second-degree murder. Petitioner appealed. On April 15, 2019, the…

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