Martinez v. Frauenheim

1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 ANTONIO M. MARTINEZ, Case No. 19-cv-05498-WHO (PR) Petitioner, 7 ORDER DISMISSING THREE CLAIMS; v. 8 ORDER SETTING BRIEFING 9 SCOTT FRAUENHEIM, SCHEDULE 10 Respondent. Dkt. No. 14 11 12 INTRODUCTION 13 Petitioner Antonio Martinez seeks federal habeas relief from his state convictions. 14 Respondent moves to dismiss Martinez’s three claims of prosecutorial misconduct as 15 procedurally defaulted because the state court rejected them as successive. (Dkt. No. 14.) 16 Respondent is correct: the prosecutorial misconduct…