Gastelo

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOHN HENRY LEE, Case No. 20-cv-05387-WHO (PR)

Plaintiff,

ORDER DISMISSING PETITION

v. WITH LEAVE TO AMEND

JOSIE GASTELO, Defendant. Dkt. Nos. 2, 6, 7 and

12 INTRODUCTION Petitioner John Henry Lee seeks federal habeas relief from his state convictions. The claims in the petition for such relief cannot proceed. Accordingly, the petition is DISMISSED with leave to file an amended petition on or before January 18, 2021. Failure to file an amended petition that complies with the instructions in this Order will result in the dismissal of the suit and entry of judgment in favor of respondent. BACKGROUND According to the petition, in 2015 Lee pleaded nolo contendere in the Alameda County Superior Court to a charge of second degree robbery. (Pet., Dkt. No. 1 at 1-2.) His sentence was enhanced under Cal. Penal Code sections 667.5 and 1192.7. (Id. at 2.) Lee …