Cisneros

Cisneros v. Robertson

Good Law
United States District Court, Northern District of CaliforniaFebruary 9, 20224:20-cv-07861California6,038 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MIGUEL A. CISNEROS, Case No. 20-cv-07861-HSG Petitioner, ORDER DENYING MOTION TO

DISMISS PETITION AS UNTIMELY

v. AND GRANTING MOTION TO

DISMISS HABEAS PETITION AS

JIM ROBERTSON, PROCEDURALLY DEFAULTED;

DENYING CERTIFICATE OF

Respondent. APPEALABILITY Re: Dkt. No. 25 13 Petitioner, a state prisoner incarcerated at Pelican Bay State Prison, has filed this pro se action for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging the validity of a conviction obtained against him in state court. Dkt. No. 1 (“Pet.”). Respondent has filed a motion to dismiss the petition as untimely and procedurally defaulted. Dkt. No. 25. Petitioner has filed an opposition (which he has titled a traverse). Dkt. No. 26. Respondent has not filed a reply and the deadline to do so has since passed. The Court has carefully considered the briefs submitted by the…

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