Gutierrez

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 JOSE ELIAS GUTIERREZ, Case No. 20-cv-06805-YGR (PR)

Petitioner, ORDER GRANTING MOTION TO

REOPEN ACTION; VACATING ORDER

v. OF DISMISSAL; REOPENING CASE;

AND DIRECTING RESPONDENT TO

DANNY SAMUEL, Acting Warden, SHOW CAUSE WHY THE WRIT

SHOULD NOT BE GRANTED AS TO

Respondent. REMAINING EXHAUSTED CLAIMS

This is a habeas case filed pro se by a state prisoner (originally before the Honorable Lucy H. Koh). In the initial review order dated February 22, 2021, Judge Koh noted as follows:

On the face of the Petition, petitioner admits that at least two of his claims were not raised to the California Supreme Court. See [Dkt. 1] at 6-8 (stating that petitioner’s claims regarding new evidence and ineffective assistance of counsel were not raised to the California Supreme Court). On its face, the Petition therefore contains at least two unexhausted claims, making it a “mixed petition.” See Rhines v. …