James E. Turner v. Neil McDowell
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JAMES E. TURNER, Case No.: 21cv0432-WQH (KSC) Petitioner, ORDER: v. (1) DENYING PETITIONER’S
MOTION TO DISMISS;
NEIL McDOWELL, Warden, (2) DENYING PETITION FOR A Respondent. WRIT OF HABEAS CORPUS; and (3) DENYING A CERTIFICATE OF
APPEALABILITY
17 Hayes, Judge: On March 3, 2021, Petitioner James E. Turner, a state prisoner proceeding pro se, filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. (ECF No. 1). On August 17, 2021, Respondent filed an Answer and lodged the state court record. (ECF Nos. 14-15). On September 7, 2021, Petitioner filed a Traverse. (ECF No. 16). On October 21, 2021, Petitioner filed a Motion to Dismiss this action with leave to amend his Petition after he seeks resentencing under a state law set to go into effect on January 1, 2022. (ECF No. 18).
27 1 Although this case was referred to United…