UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 7 MIGUEL A. RETA, AN9420, Case No. 19-cv-03140-CRB (PR)
Petitioner, ORDER GRANTING MOTION TO
DISMISS PETITION AS UNTIMELY
v. AND DENYING CERTIFICATE OF
APPEALABILITY
ROSEMARY NDOH, Warden, (ECF No. 18) Respondent.
I. Petitioner, a California state prisoner incarcerated at Avenal State Prison, seeks a writ of habeas corpus under 28 U.S.C. § 2254 invalidating a 2013 conviction and sentence from San Mateo County Superior Court. On January 6, 2020, the court observed that the petition appeared procedurally defective and ordered respondent to move to dismiss the petition or inform the court that a motion to dismiss is unwarranted. Respondent filed a motion to dismiss the petition as untimely and claims one through three as procedurally defaulted. Petitioner did not file a response to the motion to dismiss despite being advised to do so. II. On…