David G. Mountford v. The People

I.

INTRODUCTION

Petitioner David Mountford (“Petitioner”) has filed a pro se Petition for Writ of Habeas Corpus (“Petition”) pursuant to 28 U.S.C. § 2254. It appears, however, the Petition is subject to dismissal as untimely. The Court will provide Petitioner an opportunity to address this issue before making a final determination regarding whether the Petition should be dismissed.

II.

BACKGROUND

A. STATE COURT PROCEEDINGS

On December 4, 2014, Petitioner pleaded nolo contendere to the charge of evading an officer in violation of section 2800.2(a) of the California Vehicle Code. Dkt. 1, Pet. at 2. The trial court sentenced Petitioner to five years in prison. Id. On May 24, 2018, Petitioner filed an appeal in the California Court of Appeal. Dkt. 1, Pet. at 3-4; Cal. Courts, Appellate Courts Case Info., Docket, https://appellatecases.courtinfo.ca.gov/ search/case/dockets.cfm?dist=42&doc_id=2253106&doc_no=E070602&request_token=NiIwLSI kTkg%2BWzAtSCNdSEtIUDw6UlxbJCJeXzpTUCAgCg%3D%3D (last updated Nov. 8, 2019 at 11:41 AM). On August 28, 2018, the California Court of Appeal dismissed the appeal at Petitioner’s request. Dkt. 1, Pet. at 3-4 (stating appeal was…