Bathen
Bathen v. Allison
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 BENJAMIN LEE BATHEN, Case No.: 20cv2063-MMA(MSB)
Plaintiff,
ORDER SETTING BRIEFING SCHEDULE
v. KATHLEEN ALLISON, et al., Respondents. 16 On October 20, 2020, Petitioner Benjamin Lee Bathen, a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus. (ECF No. 1.) The Petition contained the following three claims: (1) “Evidence was insufficient to support the element of immediate prospect of execution of the threats”; (2) “Trial court erred when it failed to instruct on the lesser included offense of attempted criminal threat”; and (3) “Ineffective assistance of counsel for failure to investigate a mental health defense based on antidepressant causing violence or threats as a side effect.” (Id. at 6-8.) On October 20, 2020, the Court issued an “Order Requiring Response to Petition (28 U.S.C. § 2254).” (ECF No. 2.) The Court required Respondent to respond to Petitioner’s Petition with a motion to dismiss…