Robertson

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CHARLES D. ROBERTSON, Case No. 17-cv-04201-EMC

Petitioner,

ORDER DISMISSING SOME CLAIMS

v. AND SETTING BRIEFING SCHEDULE

FOR OTHER CLAIMS

KELLY SANTORO, Docket No. 21 Respondent.

12 13 I. INTRODUCTION Charles Robertson, a pro se prisoner, filed this action for a writ of habeas corpus to challenge his 2013 murder conviction. He sought and obtained a stay of this action so that he could return to state court to exhaust state judicial remedies for some unexhausted claims. He later filed a second amended petition containing ten claims, three of which were newly exhausted. Respondent now moves to dismiss the three newly exhausted claims on the ground of untimeliness. Mr. Robertson opposes the motion to dismiss. For the reasons discussed below, the Court will dismiss the three newly exhausted claims as barred by the statute of limitations and will set a briefing schedule so that the parties may address…