Gastelo

Lee v. Gastelo

Good Law
United States District Court, Northern District of CaliforniaMay 28, 20213:20-cv-05387California1,266 words

Opinion

Trial Court Opinion

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

Petitioner,

ORDER TO SHOW CAUSE

v.

JOSIE GASTELO, Dkt. Nos. 13 and 14 Respondent.

12 INTRODUCTION Petitioner John Henry Lee seeks federal habeas relief from his state convictions. The first amended petition for such relief is now before the Court for review pursuant to 28 U.S.C. § 2243 and Rule 4 of the Rules Governing Section 2254 Cases. The first amended petition states cognizable claims. Accordingly, on or before September 1, 2021, respondent shall file an answer or a dispositive motion in response to the operative habeas petition. This habeas action appears to be untimely. Petitioner was convicted in 2015, but he did not file his federal petition until 2020. If respondent concludes that this habeas action is untimely, he may wish to file a motion to dismiss the action on such grounds, though he is not required to do so. BACKGROUND According to…

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