Nellum
Nellum v. Covello
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DASHAUN NELLUM, Case No. 22-cv-04735-JSW
Plaintiff,
ORDER OF DISMISSAL
v. 9 Re: Dkt. No. 2, 3 PATRICK COVELLO, Defendant.
INTRODUCTION Petitioner, a prisoner of the State of California proceeding pro se, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging his state court conviction. Because the petition is clearly untimely on its face, it is DISMSISED. Petitioner is also GRANTED leave to proceed in forma pauperis. DISCUSSION I. Standard of Review This Court may entertain a petition for a writ of habeas corpus “in behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254(a). It shall “award the writ or issue an order directing the respondent to show cause why the writ should not be granted, unless it appears from the…