Schmidt
Schmidt v. Neuschmid
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 LONNIE GLENN SCHMIDT, Case No. 19-cv-05447-WHO (PR)
Petitioner,
ORDER OF DISMISSAL
v.
ROBERT NEUSCHMID, Dkt. No. 9 Respondent.
12 INTRODUCTION Petitioner Lonnie Glenn Schmidt seeks federal habeas relief from his state convictions. His petition is untimely. Respondent’s motion to dismiss is GRANTED and the petition is DISMISSED. BACKGROUND In 2016, Schmidt pleaded no contest in the Santa Clara Superior Court to five counts of recording a false instrument, and one count of using personal identifying information without authorization. (Pet., Dkt. No. 1 at 1; People v. Schmidt, No. H044222, 2017 WL 6631537, at *1 (Cal. Ct. App. Dec. 12, 2017).) A sentence of five years and eight months was imposed. (Pet., Dkt. No. 1 at 1.) Schmidt’s direct appeals were terminated when the state supreme court denied his petition for direct review on March 21, 2018. (Mot. to Dismiss (MTD), Dkt. No. 9-1 at 25.) Ninety days…