Juan Felipe Melendez v. Eric Arnold
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JUAN FELIPE MELENDEZ, Case No. 15-cv-03753-EMC
8 Plaintiff,
ORDER GRANTING RESPONDENT’S
9 v. MOTION TO DISMISS; AND
DENYING PETITIONER’S MOTION
10 ROBERT NEUSCHMID, et al., FOR EVIDENTIARY HEARING 11 Defendants. Docket Nos. 96, 108
12 13 14 Juan Felipe Melendez has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 15 § 2254. The operative petition is the first amended petition. In that petition, Mr. Melendez raises 16 several claims, including a claim that trial counsel was ineffective during plea negotiations. 17 Currently pending before the Court is the State’s motion to dismiss based on the statute of 18 limitations. Mr. Melendez argues that the motion should be denied but, in the alternative, asserts 19 that the Court should hold an evidentiary hearing to resolve disputed factual issues related to the 20 statute of limitations. 21 Having considered the parties’ briefs and accompanying submissions, as well as all other…