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15-1961 - (HC) Gonzalez v. Lizarraga


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15-1961 - (HC) Gonzalez v. Lizarraga
May 16, 2016
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effective assistance issue in this habeas action, was this issue ever exhausted, and if so, does respondent waive any exhaustion requirement. The latter question in the preceding sentence requires a yes, or no answer; maybe, or respondent reserves the right to argue exhaustion at a later time, or the like, is an unacceptable answer. The further briefing shall be contemporaneously briefed, and filed no later than 14 days from the filed date of this order.(Dillon, M)ORDER signed by Magistrate Judge Gregory G. Hollows on 5/16/16 ORDERING further briefing on the following points: Do the parties agree that the Court of Appeal never analyzed the underlying facts of sufficiency of the evidence as to petitioner, and if so, does this constitute a waiver of the sufficiency issue; Assuming question one is answered in the affirmative, what is the AEDPA standard of review for a waiver finding; that is, should it be analyzed as a type of procedural default or some type of merits ruling; Within the course of a 28 page petition, in an introductory notwithstanding phrase in one sentence on page 20, petitioner alludes to ineffective assistance of appellate counsel. Does this constitute a fair raising of the in
June 2, 2016
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ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 6/1/2016 ORDERING, within 7 days, petitioner shall show Cause for his failure to comply with the court's order, and file a response to the 5/16/2016 order, or waive any arguments which he may have raised in that response. (Yin, K)
June 21, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 06/20/16 recommending that petitioner's application for a writ of habeas corpus be denied; and the District Court decline to issue a certificate of appealability. Referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)