Colegrove
Colegrove v. Gumbua
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
DEL EDDY COLEGROVE,
Case No. 23-cv-03874 BLF (PR) Petitioner, ORDER GRANTING MOTION TO v. DISMISS; DENYING CERTIFICATE OF
APPEALABILITY
M. GUMBUA, Warden,
Respondent.
17 Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his state sentence out of Santa Cruz County Superior Court in 2009. Dkt. No. 1. Respondent filed a motion to dismiss the petition as second or successive. Dkt. No. 14. Petitioner did not file an opposition although given an opportunity to do so. For the reasons set forth below, Respondent’s motion is GRANTED. 24 I. BACKGROUND In 2009, Petitioner was found guilty by a jury in Santa Cruz County Superior Court of seven counts of forcible oral copulation, three counts of forcible penetration by a 1…