Whitley

IN THE UNITED STATES DISTRICT COURT

6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 DEMOS WHITLEY, No. C 19-5459 WHA (PR) Petitioner, ORDER GRANTING MOTION TO

DISMISS

v. R. NEUSCHMID, Warden, (Dkt. No. 13) Respondent. / 14 INTRODUCTION Petitioner, a California prisoner, filed this pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging the criminal judgment of a state court. Respondent filed a motion to dismiss the petition. Petitioner did not oppose the motion. For the reasons discussed below, the motion to dismiss is GRANTED and the case is DISMISSED. STATEMENT The parties do not dispute the following. In 2006, a jury in Alameda County Superior Court convicted petitioner of two counts of second-degree robbery. Petitioner had seven prior “strike” convictions, and the trial court sentenced him to a term of 65 years to life in state prison. In April 2007, the California Court of Appeal affirmed the conviction, and on July 11, 25 …