Brown

Brown v. Gastelo

Good Law
United States District Court, Northern District of CaliforniaDecember 9, 20194:17-cv-01409California4,725 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 KENNY M. BROWN, Case No. 17-cv-01409-YGR (PR)

Petitioner, ORDER GRANTING RESPONDENT’S

MOTION TO DISMISS PETITION AS

v. UNTIMELY; AND DENYING

CERTIFICATE OF APPEALABILITY

JOSIE GASTELO, Warden, Respondent.

I. INTRODUCTION Petitioner Kenny M. Brown, a state prisoner currently incarcerated at the California Men’s Colony, filed the instant pro se action for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On January 16, 2018, Magistrate Judge Joseph C. Spero issued an Order directing the Clerk of the Court to reassign this case to a district judge pursuant to Williams v. King, 875 F.3d 500, 502-05 (9th Cir. 2017) (magistrate judge lacks jurisdiction over a case unless all named parties, including unserved ones, consent to magistrate judge’s jurisdiction). Dkt. 36. The case was then reassigned to the undersigned district judge. Dkt. 37. The operative petition in this matter is the Ninth Amended Petition. Dkt.…

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.