Johnson v. Secretary of Corrections

IN THE UNITED STATES DISTRICT COURT

8

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10 ERIC JOHNSON, No. C 20-4298 WHA (PR) 11 Petitioner, ORDER OF DISMISSAL 12 v. 13 (Docket Nos. 4, 5)

SECRETARY,

14 Respondent. 15 / 16 Petitioner, a California prisoner proceeding pro se, filed this habeas case under 28 17 U.S.C. § 2254. While incarcerated, petitioner has violated prison rules against indecent 18 exposure on multiple occasions, and state authorities criminally prosecuted him and obtained 19 convictions for such behavior. In 2012, petitioner filed a federal habeas petition challenging 20 one of these convictions — from 2005. See Johnson v. Director, No. 12-6393 WHA (PR). 21 That federal petition was dismissed as untimely under the one-year limitations period 22 established by the Anti-terrorism and Effective Death Penalty Act (“AEDPA”) because there 23 was a four-year gap between the end of his direct appeals and the filing of his federal petition. 24 commencement of his collateral challenges to his conviction. 25 In the instant petition, petitioner challenges a much older conviction for indecent 26 exposure, from 1993. For…