Bardo

Bardo v. Clark

Good Law
United States District Court, Northern District of CaliforniaJuly 2, 20215:19-cv-00759California1,492 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

MARIO JOSEPH BARDO,

Case No. 19-00759 BLF (PR) Petitioner, ORDER DENYING MOTION FOR v. RECONSIDERATION

KEN CLARK, Warden,

Respondent. (Docket No. 56)

17 Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his state conviction with the assistance of counsel. Dkt. No. 1. The Court granted Respondent’s unopposed motion to dismiss the petition for failure to exhaust, Dk. No. 16, and then reopened the action to give Petitioner an opportunity to file opposition in pro se to Respondent’s motion to dismiss. Dkt. No. 20. Rather than file opposition, however, Petitioner filed an amended petition. Dkt. No. 46. Respondent filed a motion to dismiss the amended petition as untimely and for failure to exhaust one of the claims. Dkt. No. 49. The Court granted the motion and dismissed the petition…

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