Blandon-Villagra

Blandon-Villagra v. Alameda County Superior Court

Good Law
United States District Court, Northern District of CaliforniaJuly 14, 20233:22-cv-03434California1,247 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JAROL J. BLANDON-VILLAGRA, Case No. 22-cv-03434-WHO (PR)

Petitioner,

ORDER GRANTING

v. RESPONDENT’S MOTION TO

DISMISS

JEFF MACOMBER, Dkt. No. 9 Respondent.

12 INTRODUCTION Petitioner Jarol J. Blandon-Villagra seeks federal habeas relief from his California state convictions. His petition for such relief is untimely, as pointed out in respondent’s unopposed motion to dismiss. Blandon-Villagra had until March 5, 2020 to file a timely federal habeas petition but he did not file the pending one until 2022. Blandon-Villagra has not responded to the motion and therefore has not shown that he is entitled to statutory or equitable tolling. Because the petition is untimely, the motion to dismiss is GRANTED and the petition is DISMISSED. The Clerk shall modify the docket to reflect that Jeff Macomber is the sole proper respondent in this action and to terminate Gregory J. Ahern as respondent. See Rules Governing Section…

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