White

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BARRY WHITE, Case No. 20-cv-05946-WHO (PR)

Petitioner,

ORDER OF DISMISSAL

v.

GISELLE MATTESON, Dkt. No. 24 Respondent.

12 INTRODUCTION Petitioner Barry White seeks federal habeas relief from his state convictions. His claims for habeas relief are untimely and unexhausted, as urged by respondent in his motion to dismiss. White’s initial petition was timely, but it failed to state cognizable claims. His second amended petition, which is the operative petition, was not timely filed. Furthermore, because there were no cognizable claims in the timely petition, the claims raised in the operative petition cannot relate back to any timely claim. Also, the claims in the operative petition are unexhausted, and allowing White to exhaust claims that are untimely would be futile. Accordingly, the motion to dismiss is GRANTED, and the petition is DISMISSED. BACKGROUND In 2017, a San Francisco County Superior Court jury…