Kenneth Wilson Barnette v. Warden

Opinion

1 2 3 4 5 6 7 10 11 KENNETH WILSON BARNETTE, No. 2:23-cv-2632 TLN AC P 12 Petitioner, 13 v. ORDER 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se and in forma pauperis, has filed a motion to 18 correct his sentence under Penal Code § 654 and request for remand to the trial court. ECF No. 19 14. The motion seeks relief under state law authority and will therefore be denied without 20 prejudice to petitioner pursuing his claims in state court. See Middleton v. Cupp, 768 F.2d 1083, 21 1085 (9th Cir. 1985) (habeas relief not available for state law errors of any kind). To the extent 22 petitioner makes conclusory allegations of that his rights to due process and ineffective assistance 23 of counsel were also violated (ECF No. 14), he has already raised these claims in the petition 24 (ECF No. 7 at 7, 23-26).1 25 //// 26

27 1 Respondent has moved to dismiss the petition as unexhausted (ECF No. 17) and petitioner has moved for a stay (ECF Nos. 20, 26). These motions will be addressed separately and in due 28 course. ] Accordingly, IT IS HEREBY ORDERED that petitioner’s motion to correct his sentence 2 || under Penal Code § 654 and remand to state court (ECF No. 14) is DENIED without prejudice to 3 || petitioner pursuing his claims in the appropriate state court. 4 | DATED: October 1, 2025

ALLISON CLAIRE 6 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28