Delmonico

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MICHAEL JOHN DELMONICO, Case No. 21-cv-02009-HSG

Petitioner, ORDER OF DISMISSAL WITH LEAVE

TO AMEND

v.

MATTHEW RODRIQUEZ, Respondent.

13 Petitioner has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging a 2018 misdemeanor conviction from Palo Alto Superior Court. Dkt. No. 1. Petitioner has paid the filing fee. Dkt. No. 2. BACKGROUND On August 24, 2018, Petitioner was convicted in Palo Alto Superior Court of a misdemeanor of disorderly conduct (Cal. Penal Code § 647(a)). Dkt. No. 1 at 1. Petitioner was sentenced to twelve days in county jail. Dkt. No. 1 at 1. Petitioner states that he is not yet confined pending his appeal and that he is on formal probation. Dkt. No. 1 at 1. // //

25 1 The Clerk of the Court is directed to substitute Matthew Rodriquez, the California Attorney General, in place of the previously named respondent because Attorney…