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Vaughn v. Sisto

July 31, 2010

HERBERT M. VAUGHN, PETITIONER,
v.
D.K. SISTO, ET AL., RESPONDENTS.



FINDINGS AND RECOMMENDATIONS

Petitioner is a state prisoner proceeding pro se with an amended petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Before the court is respondents' motion to dismiss the petition as untimely. Petitioner has not filed an opposition to the motion.*fn1

MOTION TO DISMISS

In moving to dismiss the pending petition, respondent provides the following background concerning petitioner's appeals and collateral challenges in state court.

On March 19, 2001, Petitioner pled no contest to manufacturing methamphetamine and admitted two prior strike convictions. On September 26, 2001, Petitioner was sentenced to an indeterminate state prison term of 25 years to life. (Lod. Docs. 1-2.)

On May 29, 2003, the California Court of Appeal, Third Appellate District, affirmed the judgment. (Lod. Doc. 2.) Petitioner sought review in the California Supreme Court which was denied on August 13, 2003. (Lod. Docs. 3-4.)

Petitioner subsequently filed eight pro se state post-conviction collateral challenges with respect to the pertinent judgment:*fn2 The First Petition: March 27, 2003: Petition for writ of habeas corpus filed in the California Court of Appeal, Third Appellate District (Lod. Doc. 5); May 8, 2003: Petition denied (Lod. Doc. 6);

The Second Petition: May 27, 2003: Petition for writ of habeas corpus filed in the California Supreme Court (Lod. Doc. 7);

March 3, 2004: Petition denied (Lod. Doc. 8);

The Third Petition: June 28, 2004: Petition for writ of habeas corpus filed in the Sutter County Superior Court (Lod. Doc. 9);

July 13, 2004: Petition denied (Lod. Doc. 10);

The Fourth Petition: September 15, 2005: Petition for writ of habeas corpus filed in the California Court of Appeal, Third Appellate District (Lod. Doc. 11);

September 30, 2005: Petition denied (Lod. Doc. 12);

The Fifth Petition: August 14, 2006: Petition for writ of habeas corpus filed in the California Supreme Court (Lod. Doc. 13);

March 14, 2007: Petition denied, citing In re Robbins, 18 Cal. 4th 770, 780 (1998); In re Clark, 5 Cal. 4th 750 (1993) (Lod. Doc. 14); The Sixth Petition: July 15, 2007: Petition for writ of habeas corpus ...


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