Delano J. Tolden v. Giselle Matteson

I. INTRODUCTION

13 Petitioner Delano J. Tolden, a state prisoner incarcerated at California State Prison - 14 Solano, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, representing 15 himself. He challenges his state conviction. Respondent has moved to dismiss the petition as successive under 28 U.S.C. § 2244(b). Dkt. 16 at 3. Tolden has not filed an opposition to the 17 motion, even though he was given the opportunity to do so. 18 For the reasons discussed below, the Court GRANTS Respondent’s motion to dismiss.

II. BACKGROUND

20 On December 13, 2004, a jury found Tolden guilty of one count of failing to register as a 21 sex offender (Cal. Penal Code § 290(a)(1)) in Santa Clara County Superior Court Case No. CC467314. Resp’t Ex. 1 at 350, 353. The next day, the court found that Tolden had thirteen

24 1 Jason Schultz, the current acting warden of the prison where Tolden is incarcerated, has been substituted as Respondent pursuant to Rule 25(d) of the Federal Rules of Civil Procedure.

2 Page number citations refer to those assigned by the Court’s electronic case management filing 26 system and not those assigned by the…