Andrade

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SILVIA ANDRADE, Case No. 21-cv-05785-VC

Petitioner,

ORDER DENYING MOTION TO

v. DISMISS

ROB HOWE, Re: Dkt. No. 19 Respondent.

Silvia Andrade filed a pro se habeas petition against the Lake County District Attorney’s Office challenging her misdemeanor conviction. Previously, the court dismissed all but the claim of ineffective assistance of counsel and then issued an order to show cause why the petition should not be granted as to that claim. The Lake County District Attorney filed a motion to dismiss arguing that she was not the proper respondent. The court dismissed the district attorney from the case, and substituted Rob Howe, Lake County Chief Probation Officer, as the respondent. The respondent has now filed a motion to dismiss arguing that Andrade is barred from seeking relief against him because the “Petition fails to allege any direct or even indirect misconduct or impropriety by Respondent” and the ineffective assistance of counsel claim cannot be pursued against the respondent because he “has no involvement or influence over the selection of…