Delmonico

Delmonico v. Bonta

Good Law
United States District Court, Northern District of CaliforniaFebruary 11, 20224:21-cv-02009California2,610 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MICHAEL JOHN DELMONICO, Case No. 21-cv-02009-HSG Petitioner, ORDER SCREENING SECOND

AMENDED PETITION; DENYING

v. REQUEST FOR STAY WITHOUT

PREJUDICE; DIRECTIONS TO

ROB BONTA, PETITIONER Respondent. Re: Dkt. Nos. 19, 20 12 Petitioner has filed a pro se action seeking a writ of habeas corpus pursuant to 28 U.S.C. §2254. Petitioner is challenging a 2018 misdemeanor conviction from Palo Alto Superior Court. Now before the Court are Petitioner’s second amended petition (Dkt. No. 20) and his request for a King/Kelly stay (Dkt. No. 19). DISCUSSION I. Procedural Background Petitioner commenced the instant action on or about March 20, 2021. Dkt. No. 1 at 36. On March 31, 2021, the Court dismissed the petition with leave to amend, finding that the petition’s first claim of ineffective assistance of counsel failed to clearly identify what trial counsel did…

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