Guerrero

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RICHARD ORESTES GUERRERO, Case No. 20-cv-05923-WHO (PR)

Petitioner,

ORDER OF DISMISSAL

v.

G. MATTERSON, Dkt. No. 19 Respondent.

12 INTRODUCTION Petitioner Richard Orestes Guerrero seeks federal habeas relief from his state convictions, claiming that counsel rendered ineffective evidence and that his plea was not knowing and voluntary. Respondent moves to dismiss the habeas petition on the grounds that the claims are procedurally defaulted because the state supreme court held that they were successive under In re Clark, 5 Cal. 4th 750 (1993). Respondent is correct and Guerrero has not shown that the state’s successive bar is inadequate. Moreover, Guerrero’s claims are not cognizable because they relate to pre-plea matters, which were effectively waived when he pleaded guilty to the charges. The motion to dismiss is GRANTED and the habeas action is DISMISSED. BACKGROUND Guerrero was twice tried on charges arising from a…