Anthony
Anthony v. Clark
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 STEPHON ANTHONY, Case No. 21-cv-00569-HSG
Petitioner, ORDER GRANTING MOTION TO
DISMISS PETITION DUE TO
v. ONGOING STATE COURT
PROCEEDINGS; DENYING
MARCUS POLLARD, CERTIFICATE OF APPEABILITY Respondent. Re: Dkt. No.
12 Petitioner, a state prisoner incarcerated at the Richard J. Donovan Correctional Facility in San Diego, California,1 has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Now pending before the Court is Respondent’s motion to dismiss the petition without prejudice due to ongoing state court proceedings. Dkt. No. 10. Petitioner has not filed an opposition, and the deadline to do so has passed. For the reasons set forth below, the Court GRANTS the motion to dismiss. BACKGROUND An Alameda County jury found Petitioner and three co-defendants guilty of one count of first degree murder, two counts of second…