Herndon

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 GERROD HERNDON, Case No. 23-cv-01163-TLT

Petitioner,

ORDER OF DISMISSAL;

v. DENYING CERTIFICATE OF

APPEALABILITY

STATE OF CALIFORNIA,

Respondent.

12 Petitioner Gerrod Herndon, a former state prisoner currently at All Saints Extended Care, an assisted living facility in San Rafael, California, filed this pro se petition for a writ of habeas corpus. ECF 4. For the reasons set forth below, this petition for a writ of habeas corpus is DISMISSED with prejudice and a certificate of appealability is DENIED. Petitioner has paid the filing fee. ECF 5. DISCUSSION I. Petition Petitioner has filled out the Northern District of California’s habeas petition form but answered “N/A” to the questions regarding a conviction. He checked the “No” box in response to the question whether he is currently in custody serving a term. ECF 4 at 1. He checked “Judge alone” in response to what kind of trial he…