Hildebrand

Hildebrand v. Campbell

Good Law
United States District Court, Northern District of CaliforniaFebruary 20, 20255:24-cv-01791California2,209 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

MICHAEL HILDEBRAND,

Case No. 24-cv-01791 BLF (PR) Petitioner, ORDER GRANTING MOTION TO v. DISMISS; DENYING CERTIFICATE OF

APPEALABILITY

TRISHA CAMPBELL,

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 Clara County Superior Court from 2006. Dkt. No. 1. The Court found the issues of timeliness was obvious from the face of the petition, and requested Respondent to file a motion to dismiss the petition as untimely or notice that such a motion is unwarranted. Dkt. No. 9. Respondent filed a motion to dismiss the petition as second or successive (and without authorization from the court of appeals), as untimely, and as procedurally barred. Dkt. No. 11. Petitioner filed a “traverse” which will be construed as…

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