Blandon-Villagra

Blandon-Villagra v. Alameda County Superior Court

Good Law
United States District Court, Northern District of CaliforniaDecember 7, 20223:22-cv-03434California1,071 words

Opinion

Trial Court Opinion

INTRODUCTION

13 Petitioner Jarol J. Blandon-Villagra seeks federal habeas relief from his state 14 robbery convictions. The petition for habeas relief is now before the court for review 15 pursuant to 28 U.S.C. § 2243 and Rule 4 of the Rules Governing Section 2254 Cases. 16 The petition states a cognizable claim. Accordingly, on or before March 3, 2023, 17 respondent shall file an answer or a dispositive motion in response to the operative habeas 18 petition. In that regard, the petition discloses that Blandon-Villagra was convicted in 2018. 19 He filed the current petition in 2022, which is beyond the 1-year filing limit imposed by 20 AEDPA. If respondent concludes that this habeas action is untimely, he may wish to file a 21 motion to dismiss the action on such grounds, though he is not required to do so. 22 The Clerk shall amend the docket to reflect that Gregory J. Ahern, the current 23 custodian of petitioner, is the sole respondent in this action, and shall terminate the 24 Alameda County Superior Court as a respondent.1 25 26 1 Ahern is the sole proper respondent in this action, as he is the custodian having day-to- 27 day control over petitioner, the only person who…

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