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Perez v. Hedgpeth

January 23, 2009

VINCENT ANDREW PEREZ, PETITIONER,
v.
ANTHONY HEDGPETH, WARDEN, RESPONDENT.



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

FINDINGS AND RECOMMENDATION REGARDING RESPONDENT'S MOTION TO DISMISS

[Doc. 54]

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.*fn1

BACKGROUND

Petitioner pled guilty to first degree murder with an arming enhancement. On May 24, 2002, he was sentenced to an indeterminate state prison term of life without the possibility of parole, plus an indeterminate state prison term of twenty-five years to life for the enhancement. (Lodged Doc. 1.) Petitioner did not appeal his sentence.

Petitioner subsequently filed eight pro se state post-conviction collateral petitions, all petitions for writ of habeas corpus, as follows:

First Petition

Filed: March 10, 2004, in the Kern County Superior Court (Lodged Doc. 2) Denied: March 22, 2004 (Lodged Doc. 3)

Second Petition

Filed: May 13, 2004, in the California Court of Appeal, Fifth Appellate District (Lodged Doc. 4)

Denied: May 20, 2004 (Lodged Doc. 5)

Third Petition

Filed: August 13, 2004, in the California Supreme Court (Lodged Doc. 6) Denied: June 29, 2005 (Lodged Doc. 7)

Fourth Petition Filed: July 10, 2006, in the Kern County Superior Court (Lodged Doc. 8) Denied: August 2, 2006 (Lodged Doc. 9)

Fifth Petition

Filed: November 16, 2006, in the California Court of Appeal, Fifth Appellate ...


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