Graves
Graves v. Covello
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MATTHEW GRAVES, Case No. 21-cv-03186-JD
8 Plaintiff,
ORDER RE DISMISSAL AND
9 v. CERTIFICATE OF APPEALABILITY
10 PATRICK COVELLO, Defendant. 11
12 13 Petitioner Matthew Graves, who is represented by counsel, seeks federal habeas relief after 14 a jury conviction in the San Mateo County Superior Court. Dkt. No. 1 (citing 28 U.S.C. § 2254). 15 Respondents ask to dismiss the petition on procedural grounds, namely, that the Court may not 16 reach the merits because the California appellate courts rejected Graves’ state habeas petitions as 17 untimely under California law. Dkt. No. 17 at 2-3. Graves filed an opposition. Dkt. No. 22. 18 Dismissal is granted. 19 PROCEDURAL HISTORY 20 Graves was convicted on charges of pimping a minor aged 16 or older (Cal. Penal Code 21 § 266h(b)(1)), pandering a minor aged 16 or older (id. § 266i(b)(1)), forcible human trafficking of 22 a minor for a sex act (id. § 163.1(c)(2)), and dissuading a witness (id. §…