IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 30, 2010
BRIAN SUM, PETITIONER,
KEN CLARK, WARDEN RESPONDENT.
The opinion of the court was delivered by: Timothy J Bommer United States Magistrate Judge
Petitioner Brian Sum is a state prisoner proceeding pro se with a petition for writ of habeas corpus brought pursuant to 28 U.S.C. §2254. In Claim Two of his petition, Petitioner argues that he "could not be lawfully convicted for shooting a firearm in a grossly negligent manner COUNT 6 because it is a lesser included offense of shooting a firearm at an occupied building." Respondent answered the petition on January 25, 2010. In the Answer, Respondent construed Claim Two as a state law claim and a due process claim. However, Claim II might be construed as a Double Jeopardy claim.
Accordingly, IT IS HEREBY ORDERED that:
1. Respondent has fourteen (14) days to supplement his Answer in the event that this Court construes Claim Two as also raising a Double Jeopardy claim; and
2. No extensions of time will be given to Respondent to supplement his Answer pursuant to this Order.
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