David G. Mountford v. The People
Opinion
trial_court Opinion
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 November 18, 1998, Petitioner pleaded nolo contendere to a charge of false personation of another in violation of section 529 of the California Penal Code. Dkt. 1, Pet. at 2. The trial court sentenced Petitioner to three years in prison. Id. Petitioner states he has “completed” his sentence resulting from his November 18, 1998 conviction. Dkt. 1, Pet. at 2.
On November 30, 2018, Petitioner filed a habeas petition in Pomona Superior Court seeking “invalidation” of his plea. Id. at 3-4. Pomona Superior Court denied the petition on the same day. Id. On February 7, 2019, Petitioner filed a “notice of appeal” in the California Court of Appeal seeking “relief from default in not filing a timely request for certificate of probable cause.” On…