The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge
ORDER GRANTING RESPONDENT'S MOTION TO DISMISS THE INSTANT PETITION AS UNTIMELY, AND DISMISSING PETITION WITH PREJUDICE [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. (Court Doc. 12.)
Petitioner is currently in the custody of the California Department of Corrections and Rehabilitation serving a state court conviction and judgment.
In the instant petition, Petitioner does not challenge the validity of his conviction or sentence; rather, he contends that the disciplinary decision finding him guilty of conspiring to distribute a controlled substance at High Desert State Prison.
The Rules Violation Report ("RVR") was issued on April 19, 2004, and charged Petitioner with conspiracy to introduce narcotics into the institution for the purpose of distribution. (Exhibit 1, to Motion.) A hearing was held on June 2, 2004, and Petitioner was found guilty as charged in the RVR. (Id. at 2-9.)
Petitioner filed a timely administrative appeal, which was denied at the final level of review on April 11, 2005. (Exhibit 2, to Motion, at 27.)
Thereafter, on April 23, 2006,*fn1 Petitioner filed a petition for writ of habeas corpus in the Lassen County Superior Court challenging the disciplinary action. (Exhibit 3, to Motion, at 34.) The petition was denied on June 9, 2006. (Exhibit 4, to Motion.)
On July 30, 2006, Petitioner filed a state petition for writ of habeas corpus in the California Court of Appeal, Third Appellate District, which was denied on August 24, 2006. (Exhibit 5, to Motion, at 43; Exhibit 6.)
Then, on July 5, 2007, Petitioner filed a petition in the California Supreme Court, which was denied on August 22, 2007. (Exhibit 7, to Motion, at 55; Exhibit 8.)
Petitioner filed the instant federal petition for writ of habeas corpus on March 30, 2008. (Court Doc. 1.)
Respondent filed the instant motion to dismiss on July 21, 2008. (Court Doc. 11.) Petitioner filed an opposition on August 14, 2008, and Respondent filed a reply on August 25, 2008. (Court Docs. 13, 14.)
A. Procedural Grounds for Motion ...