Simon

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

MAR-NIQUE SIMON, Petitioner, No. C 09-05859 WHA

v.

JASON SCHULTZ, ORDER ON MOTION TO DISMISS

FOR LACK OF PROSECUTION

Respondent.

19 INTRODUCTION In this petition for a writ of habeas corpus filed more than a decade ago, respondent seeks to dismiss for lack of prosecution by petitioner, who has since completed his sentence for the conviction that gave rise to the petition in the first place. STATEMENT 1. INITIAL PROCEDURE IN FEDERAL COURT (2004 TO 2019). In 2004, Mar-Nique Simon pleaded nolo contendere in state court to attempted murder and second-degree robbery with use of a deadly weapon and was sentenced to 20 years in In 2009, Simon filed this petition for writ of habeas corpus in federal district court, initially pro se. The petition asserted (1) incompetence to enter a plea, (2) ineffective assistance of counsel under the Fourth and Fifth…