Opinion
2:20-cv-02139 GGH P
08-03-2021
JESSE LUIS RENEAUX, Petitioner, v. BRIAN KIBLER, Warden Respondent.[1]
ORDER
GREGORY G. HOLLOWS, UNITED STATES MAGISTRATE JUDGE.
Petitioner is a state prisoner proceeding in pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent has moved to dismiss the petition without prejudice due to the ongoing state proceedings regarding petitioner's resentencing. ECF No. 10. Petitioner does not aver that these state proceedings are not ongoing.
The federal petition was filed October 26, 2020. ECF No. 1. Petitioner raised one claim regarding the Confrontation Clause. However, on appeal in state court, petitioner's case was remanded for resentencing. People v. Reneaux, 50 Cal.App.5th 852, 877 (June 17, 2020). As of the date of petitioner's opposition to the motion to dismiss, the resentencing procedures were pending. ECF No. 18. Petitioner states his next court hearing in Yolo County Superior Court is on June 8, 2021. Id. at 2. No. further information regarding the resentencing has been submitted in this case.
Petitioner's Confrontation Clause issue was exhausted after appeal on petition for review by the California Supreme Court.
The parties shall inform the court within ten days of the filed date of this order whether the resentencing proceedings have been completed, and if so, whether an appeal is pending or contemplated. After receiving this information, the undersigned will adjudicate the pending Motion to Dismiss.
Accordingly, the parties shall file a status report of the resentencing proceeding as set forth above within ten days of the filed date of this order.
IT IS SO ORDERED.