Blake

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 GORDON BLAKE, Case No. 3:19-cv-06227-WHO

Petitioner,

ORDER ON MOTION TO DISMISS

v. 9 Re: Dkt. No. 13 ROSEMARY NDOH, Respondent.

12 Before me is respondent Rosemary Ndoh’s motion to dismiss Claim I of Gordon Blake’s petition for a writ of habeas corpus. Because the constitutional issue in that claim was not exhausted before the state courts, the motion is GRANTED without prejudice. The petition may proceed on the remaining two claims. BACKGROUND This motion concerns a narrow procedural issue. Accordingly, I discuss only those facts relevant to resolving it. Both parties agree on all operative facts. Blake, who is represented by counsel, was convicted in California state court of committing various lewd and forceable lewd acts on four minors. See Points and Authority in Support of the Application for Writ of Habeas Corpus (“Pet.”) [Dkt. No. 1-1] 2; Court of Appeal Decision (“COA”) [Dkt. No. 13-1] 1–2. He was sentenced…