Spearman

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ANTHONY SMITH, Case No. 20-cv-00322-SI

Petitioner,

ORDER DENYING MOTION TO

v. DISMISS AND SETTING BRIEFING

SCHEDULE

SPEARMAN, Dkt. No. 8 Respondent.

12 Anthony Smith filed this action for writ of habeas corpus to challenge a 2009 burglary conviction he suffered in Alameda County Superior Court. Respondent has moved to dismiss the petition for failure to comply with the habeas statute of limitations. The motion will be denied without prejudice because respondent has not adequately demonstrated that a 2nd amended abstract of judgment does not affect the timeliness of the federal petition. Smith was sentenced on January 8, 2010. See Docket No. 8-2 at 10. On appeal, the California Court of Appeal remanded for the trial court to either strike or impose a term for Smith’s fourth prior conviction, and affirmed in all other respects. Docket No. 8-1 at 8-9. On December 5, 2011, the trial court struck the fourth prior…