Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Williams v. Hill

October 1, 2010

CHRISTOPHER WILLIAMS, PETITIONER,
v.
RICK HILL, WARDEN RESPONDENT.



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

ORDER GRANTING RESPONDENT'S MOTION TO DISMISS, DISMISSING PETITION FOR WRIT OF HABEAS CORPUS WITH PREJUDICE, DIRECTING CLERK OF COURT TO ENTER JUDGMENT, AND DECLINING TO ISSUE CERTIFICATE OF APPEALABILITY

[Doc. 16]

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pursuant to 28 U.S.C. § 636(c)(1), the parties have consented to the jurisdiction of the United States Magistrate Judge. Local Rule 305(b).

BACKGROUND*fn1

Petitioner pled no contest to transportation of cocaine, possession of cocaine base for sale, leaving the scene of an injury accident, and felony evasion of a peace office, with great bodily injury enhancements. A jury found Petitioner guilty of second degree murder and vehicular manslaughter. On August 10, 2005, Petitioner was sentenced to an indeterminate term of fifteen years to life plus a consecutive determinate term of sixteen months.

On January 4, 2007, the California Court of Appeal, Fifth Appellate District, affirmed the judgment. The California Supreme Court denied review on April 11, 2007.

Petitioner filed six pro se state post-conviction collateral petitions.*fn2 The first petition was filed on August 31, 2006, in the Fresno County Superior Court. The petition was denied on September 22, 2006.

The second petition was filed on January 15, 2007 in the California Court of Appeal, Fifth Appellate District. The petition was denied on April 9, 2007.

The third petition was filed in the California Supreme Court on April 18, 2007. The petition was denied on June 13, 2007.

The fourth petition for writ of habeas corpus was filed on September 12, 2008, in the Fresno County Superior Court. The petition was denied as untimely on October 27, 2008.

The fifth petition for writ of habeas corpus was filed on February 15, 2009, in the California Court of Appeal, Fifth Appellate District. The petition was denied on March 5, 2009.

The sixth petition for writ of habeas corpus was filed in the California Supreme Court on April 9, 2009. On September 9, 2009, the petition was denied with a citation to In re Clark, 5 Cal.4th 750 (1993).

Petitioner filed the instant petition for writ of habeas corpus on March 4, 2010. Respondent filed a motion to dismiss on August 17, 2010. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.