Vargas

Vargas v. California Dept. of Corrections

Good Law
United States District Court, Southern District of CaliforniaDecember 28, 20203:20-cv-00516California664 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 RAUL B. VARGAS, Case No.: 20-cv-516 LAB-JLB

Petitioner,

ORDER CONSTRUING LETTER AS

v. NOTICE OF APPEAL [Dkt. 12] SCOTT FRAUENHEIM, Warden, et al., Respondents. Raul B. Vargas (“Petitioner”) is a state prisoner proceeding pro se with a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. (Dkt. 1.) Petitioner challenges his San Diego County Superior Court conviction for second degree murder with the additional finding that he personally used a deadly weapon, a knife, true findings on two prior strike allegations and resultant sentence of 46 years to life. By its October 19, 2020 Order, the Court denied the Petition and denied a certificate of appealability. (Dkt. 9.) Petitioner received that Order on November 2, 2020 and, two days later, wrote a letter to the Court seeking a 120-day extension of “any deadlines.” (Dkt. 12.) The prison’s response to the COVID-19 pandemic, he explained,…

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