Benton

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KAREEM BENTON, Case No. 19-cv-01446-JD

Petitioner,

ORDER RE MOTION TO

v. DISMISS AND CERTIFICATE OF

APPEALABILITY

GRAIG KOENIG, Re: Dkt. No. 13 Respondent.

12 Kareem Benton, a state prisoner acting pro se, has brought a habeas petition under 28 U.S.C. § 2254. The petition alleges that the prosecution overlooked evidence that points to petitioner’s innocence. Specifically, petitioner argues that the victim wrote a letter stating that petitioner was not the assailant. Respondent has filed a motion to dismiss arguing that the sole claim in the petition fails to state a federal claim, and a possible related claim is procedurally barred. BACKGROUND Petitioner was found guilty by a jury of multiple counts, including burglary, robbery, battery, assault, domestic violence and other crimes, arising out of three separate incidents with his former girlfriend. The incidents occurred on February 24, 2013, May 17, 2014, and May…