UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 HECTOR M. AGUILAR, Case No. 20-cv-02050-YGR (PR)
Petitioner, ORDER GRANTING RESPONDENT’S
MOTION TO DISMISS
v.
JAMES ROBERTSON, Warden,1 Respondent.
I. BACKGROUND Petitioner, a state prisoner, has filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He has been granted leave to proceed in forma pauperis. On October 30, 2020, the Court issued an Order to Show Cause directing Respondent to respond to the petition. In lieu of filing an answer, Respondent filed the instant motion to dismiss. Dkt. 12. Even though Plaintiff was given an opportunity to do so, he has not filed an opposition. According to the allegations in the petition and supporting documents, Petitioner received a prison disciplinary violation in 2019 for refusing to accept a housing assignment/delaying a peace officer. Dkt. 1 at 19. Petitioner challenged the disciplinary hearing’s guilty finding by filing an inmate appeal, which was denied…