Juan Felipe Melendez v. Eric Arnold
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JUAN FELIPE MELENDEZ, Case No. 15-cv-03753-EMC
Plaintiff,
ORDER GRANTING RESPONDENT’S
v. MOTION TO DISMISS; AND
DENYING PETITIONER’S MOTION
ROBERT NEUSCHMID, et al., FOR EVIDENTIARY HEARING Defendants. Docket Nos. 96, 108
12 13 Juan Felipe Melendez has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The operative petition is the first amended petition. In that petition, Mr. Melendez raises several claims, including a claim that trial counsel was ineffective during plea negotiations. Currently pending before the Court is the State’s motion to dismiss based on the statute of limitations. Mr. Melendez argues that the motion should be denied but, in the alternative, asserts that the Court should hold an evidentiary hearing to resolve disputed factual issues related to the statute of limitations. Having considered the parties’ briefs and accompanying submissions, as well as all other…