Peasley
Peasley v. People of the State of California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DAVID S. PEASLEY, Case No. 23-cv-04218-JSC
Petitioner,
ORDER RE: PETITION FOR WRIT OF
v. HABEAS CORPUS
PEOPLE OF THE STATE OF Re: Dkt. No. 12 CALIFORNIA, et al., 11 Respondents.
12 Petitioner, a prisoner of the State of California, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging his conviction and sentence. (Dkt. No. 12.) Before the Court is the government’s motion to dismiss the petition for untimeliness and failure to exhaust state remedies. (Dkt. No. 20.) Having carefully considered the briefing, the Court concludes oral argument is unnecessary, see Civ. L.R. 7-1(b), and GRANTS without leave to amend the government’s motion to dismiss. Petitioner’s federal habeas petition is both untimely and unexhausted. BACKGROUND In December 2009, the Santa Cruz County Superior Court sentenced Petitioner to an aggregate term of 20 years in state prison after he pled…