Sagapolu
Sagapolu v. Kernan
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CECIL SAGAPOLU, Case No. 18-cv-04630-HSG
Petitioner, ORDER GRANTING MOTION TO
DISMISS PETITION FOR WRIT OF
v. HABEAS CORPUS AS UNTIMELY;
DENYING CERTIFICATE OF
WARDEN ROBERT BURTON, APPEALABILITY Respondent. Re: Dkt. No.
12 Petitioner Cecil Sagapolu, an inmate at Deuel Vocational Institution,1 in Tracy, California, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging a conviction and sentence from Alameda County Superior Court. Pending before the Court is respondent’s Motion to Dismiss the Petition. Dkt. No. 12. Petitioner has filed an opposition, Dkt. No. 15, and respondent has filed a reply, Dkt. No. 16. For the reasons set forth below, the Court GRANTS respondent’s motion to dismiss. BACKGROUND On March 1, 2012, an Alameda County jury found Petitioner guilty of second degree murder (count one) and illegal…