Ojeda
Ojeda v. Lynch
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
RALPH CHARLES OJEDA,
Case No. 20-07317 EJD (PR) Petitioner, ORDER GRANTING MOTION TO v. DISMISS; DENYING CERTIFICATE OF
APPEALABILITY
JEFF LYNCH, Warden,
Respondent. (Docket No. 5)
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. After an initial review, the Court requested the Respondent to file a motion to dismiss the petition as untimely or notice that such a motion is unwarranted. Dkt. No. 4. In lieu of such a motion, Respondent filed a motion to dismiss the petition as second or successive, and without an order from the Court of Appeals for the Ninth Circuit authorizing its filing. Dkt. No. 5. Petitioner filed an opposition, Dkt. No. 10, and Respondent filed a reply, Dkt. No. 11. For the reasons set forth below,…