Brooks

Good Law
United States District Court, Northern District of CaliforniaMay 25, 20234:22-cv-06334California1,891 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MARCEL BROOKS, Case No. 22-cv-06334-JST

Petitioner,

ORDER VACATING ORDER TO

v. SHOW CAUSE; REQUIRING

BRIEFING FROM RESPONDENT

NEIL MCDOWELL, Re: ECF No. 14 Respondent.

13 Petitioner, an inmate at Ironwood State Prison,1 filed this pro se action seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his 2020 Alameda County state court conviction for attempted murder and sentence of twenty-five years to life. See generally ECF No. 1. For the reasons set forth below, the Court VACATES its March 14, 2023 Order to Show Cause (ECF No. 14), and ORDERS Respondent to brief whether, in light of Duke v. Gastelo, No. 20- 55787 (9th Cir. Apr. 5, 2023), this case should be stayed, dismissed, or proceed to the merits. BACKGROUND2 On or about January 17, 2020, Petitioner was sentenced to a term of twenty-five years to life in state prison, after being convicted by an Alameda County jury of…

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