Singleton

Singleton v. Neuschmid

Good Law
United States District Court, Northern District of CaliforniaDecember 6, 20193:19-cv-00428-WHOCalifornia1,082 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 10 TERRENCE M. SINGLETON, Case No. 19-cv-00428-WHO (PR)

Petitioner,

ORDER REOPENING ACTION;

v.

ORDER TO SHOW CAUSE

M. ELIOT SPEARMAN,

Respondent.

16 INTRODUCTION Petitioner Terence Singleton seeks federal habeas relief under 28 U.S.C. § 2254 from his state convictions. The petition for such relief states cognizable claims. Accordingly, on or before February 10, 2020, respondent shall file an answer or a dispositive motion in response to the petition. The petition may be untimely. Singleton was convicted in 2016 but the present petition was not filed until 2019, which is outside the one-year statute of limitations period for filing a federal habeas petition. See 28 U.S.C. § 2244(d)(1). Respondent is directed to consider first if the petition is in fact untimely. If respondent concludes that it is untimely, he may file a motion to dismiss on such grounds, though he is not required to do so. 27 BACKGROUND …

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.