Hovsepian

Hovsepian v. Gastelo

Good Law
United States District Court, Northern District of CaliforniaJuly 8, 20204:19-cv-04692California3,178 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ARMIK A. HOVSEPIAN, Case No. 19-cv-04692-HSG

Petitioner, ORDER REOPENING CASE;

VACATING ORDER OF DISMISSAL;

v. DISMISSING PETITION AS

UNTIMELY; DENYING

JOSIE GASTELO, CERTIFICATE OF APPEALABILITY Respondent. Re: Dkt. No.

12 Petitioner, an inmate at California Men’s Colony – East, filed a pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his 1994 conviction for attempted murder. Dkt. No. 1. On April 30, 2020, after not receiving a response to the Order to Show Cause, the Court dismissed the petition as untimely, denied a certificate of appealability, and entered judgment in favor of respondent. Dkt. Nos. 11, 12. On May 21, 2020, petitioner filed a letter stating that he had filed a response to the Court’s order to show cause on or about March 16, 2020, and requesting that the Court correct its erroneous dismissal of this action. Dkt. No. 13. …

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