Schmidt

Schmidt v. Neuschmid

Good Law
United States District Court, Northern District of CaliforniaMay 27, 20203:19-cv-05447California1,676 words

Opinion

trial_court Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 LONNIE GLENN SCHMIDT, Case No. 19-cv-05447-WHO (PR)

Petitioner, 8

ORDER OF DISMISSAL

v. 9

10 ROBERT NEUSCHMID, Dkt. No. 9 Respondent. 11

12 13 INTRODUCTION 14 Petitioner Lonnie Glenn Schmidt seeks federal habeas relief from his state 15 convictions. His petition is untimely. Respondent’s motion to dismiss is GRANTED and 16 the petition is DISMISSED. 17 BACKGROUND 18 In 2016, Schmidt pleaded no contest in the Santa Clara Superior Court to five 19 counts of recording a false instrument, and one count of using personal identifying 20 information without authorization. (Pet., Dkt. No. 1 at 1; People v. Schmidt, No. H044222, 21 2017 WL 6631537, at *1 (Cal. Ct. App. Dec. 12, 2017).) A sentence of five years and 22 eight months was imposed. (Pet., Dkt. No. 1 at 1.) 23 Schmidt’s direct appeals were terminated when the state supreme court denied his 24 petition for direct review on March 21, 2018. (Mot. to Dismiss (MTD), Dkt. No. 9-1 at 25 25.) Ninety days…

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