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Simas v. Martel

August 25, 2008

CHRISTOPHER LLOYD SIMAS, PETITIONER,
v.
MICHAEL MARTEL, WARDEN, RESPONDENT.



The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER GRANTING RESPONDENT'S MOTION TO DISMISS AND DISMISSING PETITION FOR WRIT OF HABEAS CORPUS AS TIME-BARRED

[Doc. 11]

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pursuant to 28 U.S.C. § 636(c)(1), the parties have consented to the jurisdiction of the United States Magistrate Judge. (Doc. 13.)

RELEVANT HISTORY

Petitioner was convicted of committing a lewd and lascivious act on a child under the age of fourteen years and a sentencing enhancement was found true. On March 28, 2003, Petitioner was sentenced to state prison for the determinate term of sixteen years. (Lodged Doc. No. 1.)

Petitioner filed a timely notice of appeal, and on February 18, 2004, the California Court of Appeal, Fifth Appellate District, affirmed the judgment. (Lodged Doc. No. 2.) The California Supreme Court denied review on April 28, 2004. (Lodged Doc. Nos. 3-4.)

Thereafter, Petitioner filed six state post-conviction collateral actions, and with the exception of the first petition, all were filed by Petitioner pro se.

The first state petition for writ of habeas corpus was filed on November 18, 2004, in the California Court of Appeal, Fifth Appellate District, which was denied on December 16, 2004. (Lodged Doc. Nos. 5-6.)

The second petition for writ of habeas corpus was filed on March 21, 2005, in the California Supreme Court, and it was denied on February 22, 2006. (Lodged Doc. Nos. 7-8.)

The third petition for writ of habeas corpus was filed in the Madera County Superior Court on April 16, 2007, which was denied on April 20, 2007. (Lodged Doc. Nos. 9-10.)

The fourth petition for writ of habeas corpus was filed on May 7, 2007, again in the Madera County Superior Court, and the petition was granted on June 13, 2007. (Lodged Doc. Nos. 11-12.) An amended abstract of judgment was issued on June 14, 2007. (Lodged Doc. No. 13.)

The fifth petition for writ of habeas corpus was filed on May 15, 2007, in the California Court of Appeal, Fifth Appellate District, and was denied on June 8, 2007. (Lodged Doc. Nos. 14-15.)

The sixth and final petition for writ of habeas corpus was filed in the California Supreme Court on June 28, 2007, and was denied on December 12, 2007. (Lodged Doc. Nos. 16-17.)

Petitioner filed the instant federal petition for writ of habeas corpus on May 5, 2008. (Court Doc. 1.) Respondent filed the instant motion to dismiss on July 14, 2008, and ...


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