Delmonico
Delmonico v. Bonta
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MICHAEL JOHN DELMONICO, Case No. 21-cv-02009-HSG
Petitioner, ORDER GRANTING RESPONDENT’S
MOTION TO DISMISS; SETTING
v. BRIEFING SCHEDULE
ROB BONTA, Re: Dkt. No. 38 Respondent.
12 Petitioner has filed this pro se action seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his 2018 state court misdemeanor conviction from Santa Clara County Superior Court. For the reasons set forth below, the Court VACATES the Court’s October 13, 2021 Order; GRANTS Respondent’s motion to dismiss, Dkt. No. 38, and sets a briefing schedule for the remaining claims. DISCUSSION I. Procedural History On May 17, 2018, Petitioner was convicted of a misdemeanor count of disorderly conduct (Cal. Penal Code § 647(a)). On August 24, 2018, Petitioner was sentenced to twelve days in county jail without eligibility for LCA home detention; three years of probation with…