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Eghtesadi v. Clark

February 17, 2009

ABBAS EGHTESADI, PETITIONER,
v.
KEN CLARK, ET AL., RESPONDENTS.



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

FINDINGS AND RECOMMENDATIONS

Petitioner, a state prisoner proceeding with retained counsel, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is respondents' motion to dismiss (Doc. 12). Respondents argue the petition is untimely. A hearing on the matter was held on February 12, 2009, at 10:00 a.m. before the undersigned. Thersa Ann Gibbons, Esq., appeared for petitioner. Paul Edward O'Connor, Esq., appeared for respondents.

I. BACKGROUND

Petitioner was convicted on July 30, 2002, of various sex offenses and attempted murder. With enhancements, he was sentenced to a determinate prison term of 72 years and eight months, plus a consecutive indeterminate term of 65 years to life. The California Court of Appeal affirmed the conviction and sentence on January 31, 2005. The California Supreme Court denied direct review on April 20, 2005.

With the assistance of counsel, petitioner then filed the following state court post-conviction actions:

First Petition California Court of Appeal

Filed: October 7, 2004

Denied: October 14, 2004

Second Petition Sacramento County Superior Court

Filed: November 3, 2004

Denied: November 29, 2006

Third Petition California Court of Appeal

Filed: May 30, ...


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