Hildebrand
Hildebrand v. Campbell
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…