Walker

Walker v. Arnald

Good Law
United States District Court, Northern District of CaliforniaMarch 19, 20215:19-cv-03526California2,666 words

Opinion

Trial Court Opinion

1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

JAMES E WALKER,

Case No. 5:19-cv-03526-EJD Plaintiff, ORDER GRANTING MOTION TO v. DISMISS PETITION FOR WRIT OF HABEAS CORPUS AS UNTIMELY

ERIC ARNALD,

Re: Dkt. No. 22 Defendant.

Petitioner James E. Walker filed this action seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent filed a motion to dismiss arguing that the petition for writ of habeas corpus is time barred and procedurally defaulted. See Motion to Dismiss Habeas Corpus Petition as Untimely (“Mot.”), Dkt No. 22. Petitioner has filed an opposition (“Opp.”), to which Respondent has replied (“Reply”). See Dkt. Nos. 26, 27. For the reasons set forth below, the Court GRANTS Respondent’s motion to dismiss. I. BACKGROUND Petitioner is a state prisoner in the custody of the California Department of Corrections and …

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