Carbajal
Carbajal v. The People
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ALBERTO HERNANDEZ CARBAJAL, Case No. 22-cv-01486-JD
Petitioner,
ORDER FOR RESPONDENT TO
v. SHOW CAUSE
THE PEOPLE, Re: Dkt. No. 2 Respondent.
12 Alberto Carbajal, a state prisoner, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner was convicted in Del Norte County, which is in this district, so venue is proper here. See 28 U.S.C. § 2241(d). BACKGROUND Petitioner was found guilty of sixteen counts of assault in connection with attacks on eight different correctional officers during a riot at Pelican Bay State Prison where petitioner was incarcerated. People v. Carbajal, No. A161025, 2021 WL 5768571, at *1 (Cal. Ct. App. Dec. 6, 2021). Petitioner was sentenced to 59 years to life consecutive to the life sentence he was already serving. Id. at 3. The California Court of Appeal found there was insufficient evidence to support eight of the counts…