Barnes

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 10 ANTOINE DESHAWN BARNES, Case No. 22-cv-00882-WHO (PR)

Petitioner,

ORDER DISMISSING PETITION

v. WITH LEAVE TO AMEND

PATRICK COVELLO, Respondent.

16 The amended petition is dismissed with leave to file an amended petition by December 1, 2023 because petitioner Antoine Deshawn Barnes has failed to adhere to my instructions. In the Order to Show Cause, I found cognizable two claims: (1) illegal sentencing enhancements were imposed; and (2) under new laws he is entitled to resentencing. (OSC, Dkt. No. 9 at 2.) In response to the OSC, respondent filed a motion to dismiss because claims under the state statutes Barnes cited are state law claims, and therefore are not cognizable on federal habeas review. (Dkt. No. 10.) I granted the motion and dismissed the petition with leave to file an amended petition. (Dkt. No. 11.) In the dismissal order, I reminded Barnes that because he entered into a plea agreement and because his sentencing…