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Robinson v. Hedgpeth

January 26, 2009

QUINTON D. ROBINSON, PETITIONER,
v.
HEDGPETH, RESPONDENT.



The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge

FINDINGS AND RECOMMENDATIONS

Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is respondent's motion to dismiss (Doc. 22) the petition as untimely.

I. BACKGROUND

Petitioner was convicted of possession of a firearm by a felon and sentenced to a determinate prison term of seven years. Petitioner's conviction and sentence were affirmed on direct appeal by the California Court of Appeal on December 29, 2004. The California Supreme Court denied direct review on April 13, 2005, and petitioner did not seek further review by the United States Supreme Court. Before filing the instant federal petition, petitioner filed the following:

1. Petition for Writ of Habeas Corpus -- Alameda County Superior Court

-- Filed June 28, 2005

-- Denied June 28, 2005

2. Petition for Writ of Habeas Corpus -- California Court of Appeal

-- Filed July 20, 2005

-- Denied July 27, 2005

3. Petition for Writ of Habeas Corpus -- Alameda County Superior Court

-- Filed November 7, 2005

-- Denied November 7, 2005

4. Petition for Writ of Habeas Corpus -- California ...


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