United States District Court, N.D. California
RICHARD R. SINGH, Petitioner,
J. ROBERTSON, Warden, Respondent.
ORDER GRANTING PETITIONER'S MOTION TO AMEND
PETITION; DENYING RESPONDENT'S MOTION TO DISMISS AS MOOT;
DIRECTIONS TO CLERK
GONZALEZ ROGERS UNITED STATES DISTRICT JUDGE.
a state prisoner, has filed a pro se petition for a
writ of habeas corpus pursuant to 28 U.S.C. § 2254,
challenging his state conviction and raising eleven claims.
Respondent has filed a motion to dismiss five of
Petitioner's eleven claims as unexhausted. Dkt. 9. In
response, Petitioner has filed a motion to amend his petition
and delete the five unexhausted claims. Dkt. 16. Petitioner
has also filed his amended petition containing the remaining
exhausted claims. Dkt. 19.
found Petitioner guilty of two counts of first degree murder
with special circumstances of lying in wait and multiple
murder, and it also found true multiple personal use of a
firearm enhancement allegations as to both counts. Resp't
Ex. 1 at 1. The trial court sentenced Petitioner to life
without the possibility of parole consecutive to 50 years to
appealed and filed a state habeas petition in the state
appellate court. Resp't Exs. 1 & 2. On October 2,
2017, the state appellate court denied the habeas petition.
Resp't Ex. 3. The state appellate court decided the
direct appeal on the same day in an unpublished decision
upholding the murder convictions and special circumstance
enhancements, and reversing and remanding the matter to the
trial court for resentencing to strike firearm enhancements
under California Penal Code § 12022.53(d) and (e) and
impose the previously stayed firearm enhancements under
California Penal Code § 12022.53(c). Resp't Ex. 1.
October 31, 2017, the state appellate court issued an order
modifying its opinion with no change in the judgment and
denying rehearing. Resp't Ex. 4.
filed petitions for review of the appeal and the denial of
the habeas petition in the California Supreme Court.
Resp't Exs. 5 & 6. On January 17, 2018, the state
supreme court denied review of the denial of the habeas
petition. Resp't Ex. 7. On the same day, the state
supreme court granted review and remanded to the state
appellate court with directions to vacate its decision and
further consider the cause in light of California Senate Bill
620. Resp't Ex. 8.
February 26, 2018, the state appellate court again affirmed
the convictions and special circumstance enhancements but
reversed and remanded for to the trial court for resentencing
to strike the California Penal Code § 12022.53(d) and
(e) enhancements and to consider exercising its discretion to
strike the previously stayed California Penal Code §
12022.53(c) enhancements.Resp't Ex. 9.
19, 2018, the trial court struck the California Penal Code
§ 12022.53(d) and (e) enhancements, imposed the
previously stayed California Penal Code § 12022.53(c)
enhancements and resentenced Petitioner to life without
parole consecutive to 40 years. Resp't Ex. 10.
December 19, 2018, Petitioner filed a timely petition in this
Court alleging eleven claims. Dkt. 1.
February 26, 2019, this Court issued an order to show cause.