Tran

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 BA T. TRAN, Case No. 23-cv-01677-TLT

8 Petitioner,

ORDER OF DISMISSAL

v. 9

10 T. MARTINEZ, Respondent. 11

12 13 Petitioner, a state prisoner, filed this pro se petition for a writ of habeas corpus pursuant to 14 28 U.S.C. § 2254 challenging his 2011 conviction of first-degree murder for which he was 15 sentenced to 50 years to life. ECF 1 at 1-2. The court will dismiss the petition as untimely. 16 The judgment was affirmed on appeal in 2013, and petitioner’s petition for review was 17 denied by the California Supreme Court that same year. Id. at 3. Petitioner did not seek collateral 18 review until a decade later when he filed a petition for writ of habeas corpus in the California 19 Supreme Court arguing that his trial counsel provided constitutionally deficient assistance, his trial 20 counsel failed to subpoena a critical witness, and his appellate counsel performed deficiently by 21 failing to raise an issue on appeal. ECF 1 at 5. The California Supreme Court denied the petition 22 …