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Bludworth v. Evans

February 11, 2010

TIMOTHY LEE BLUDWORTH, PETITIONER,
v.
M.S. EVANS, RESPONDENT.



ORDER AND FINDINGS AND RECOMMENDATIONS

Petitioner is a state prisoner proceeding without counsel on a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Respondent moves to dismiss this action on the ground that it is untimely. For the reasons explained below, the court finds that the petition is untimely, and therefore recommends that the motion be granted.

I. Procedural History

On May 11, 1999, the San Joaquin County Superior Court sentenced petitioner to an indeterminate state prison term of life without the possibility of parole for his conviction of first degree murder, in addition to a concurrent three-year term for robbery and a consecutive one-year sentencing enhancement. Resp.'s Mot. to Dism. ("Mot."), Docs. Lodged in Supp. Thereof ("Lodg. Doc.") 1, 2. On October 31, 2001, the California Court of Appeal, Third Appellate District affirmed the judgment and on January 23, 2002, the California Supreme Court denied petitioner's petition for review. Lodg. Docs. 2, 4. Petitioner then filed nine pro se state post-conviction challenges:

(1) On September 24, 2002, petitioner filed a petition in the San Joaquin County Superior Court, which was denied on November 25, 2002.*fn1 Pet'r's Opp'n to Mot. ("Opp'n"), Docs. Lodged in Supp. Thereof ("Opp'n Doc.") 7, 8.

(2) On December 30, 2002, petitioner filed a petition for a writ of habeas corpus in the California Court of Appeal, Third Appellate District, which was denied on January 23, 2003. Lodg. Doc. 5.

(3) On July 23, 2003, petitioner filed a petition for writ of habeas corpus in the California Supreme Court, which was withdrawn per petitioner's request on January 28, 2004. Lodg. Doc. 6.

(4) On June 5, 2004, petitioner filed a petition in the San Joaquin County Superior Court, which was denied on July 6, 2004.*fn2 Lodg. Docs. 7, 8.

(5) On October 5, 2005, petitioner filed a petition in the California Court of Appeal, Third Appellate District, which was denied on October 20, 2005. Opp'n Docs. 26, 27.

(6) On March 21, 2006, petitioner filed a petition in the California Supreme Court, which was withdrawn per petitioner's request on April 26, 2006. Lodg. Doc. 9.

(7) On November 16, 2006, petitioner filed a petition in the California Court of Appeal, Third Appellate District, which was denied on November 30, 2006. Lodg. Doc. 10.

(8) On December 18, 2006, petitioner filed a petition in the San Joaquin County Superior Court, which was denied on February 14, 2007. Lodg. Docs. 11, 12.

(9) On April 12, 2007, petitioner filed a petition in the California Supreme Court, which was denied on October 10, 2007. Lodg. Docs. 13, 14.

On June 16, 2008, petitioner filed the instant petition challenging his 1999 ...


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