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James Taylor v. D.K. Sisto

July 5, 2011

JAMES TAYLOR,
PETITIONER,
v.
D.K. SISTO, WARDEN,
RESPONDENT.



The opinion of the court was delivered by: George H. WU United States District Judge

MEMORANDUM DECISION

For the reasons stated below, petitioner's Petition for Writ of Habeas Corpus is denied.

I. PROCEEDINGS

Petitioner, a prisoner in the custody of the California Department of Corrections and Rehabilitation, challenges a 2006 decision of the Board of Parole Hearings ("BPH") finding petitioner unsuitable for parole.

On November 13, 2007, petitioner filed a Petition for Writ of Habeas Corpus by a Person in State Custody in the United States District Court for the Eastern District of California. Following an Order dismissing the Petition with leave to amend, petitioner filed an Amended Petition for Writ of Habeas Corpus by a Person in State Custody ("Amended Petition") on November 27, 2007.

After receiving an extension time, respondent filed an Answer to the Amended Petition ("Return") on February 19, 2008.

After receiving an extension of time, petitioner filed a Traverse ("Reply") on April 25, 2008.

II. BACKGROUND

On May 10, 1993, petitioner was convicted (pursuant to a plea agreement) in San Diego County Superior Court of one count of second degree murder, one count of second degree robbery and one count of conspiracy to second degree robbery. In addition, petitioner admitted the truth of a principal armed with a firearm allegation. Petitioner was sentenced to state prison for 15 years to life. Petitioner's minimum parole eligibility date was January 22, 2003. (See Amended Petition at 1; Return, Exhibit 1, Exhibit 2 at 5, Exhibit 3 at 23).

On August 17, 2006, the BPH conducted petitioner's parole suitability hearing. (See Return, Exhibit 3 at 21-89).*fn1 The BPH denied petitioner parole for a period of three years. (See Return, Exhibit 3 at 90-97).

On an unknown date, petitioner filed a petition for writ of habeas corpus in the San Diego County Superior Court, apparently alleging the same claims as the claims alleged in the Amended Petition.*fn2 On February 27, 2007, the Superior Court denied that habeas petition. (See Return, Exhibit 4).
On an unknown date, petitioner filed a habeas petition with the California Court of Appeal, wherein he apparently alleged the same claims as the claims alleged in the Amended Petition.*fn3 On July 31, 2007, the California Court of Appeal denied that habeas petition. (See Return, Exhibit 5).

On an unknown date, petitioner filed a habeas petition with the California Supreme Court, alleging the same claims as the claims alleged in the Amended Petition.*fn4 (See Return, Exhibit 9). On October 10, 2007, the California Supreme Court summarily denied that ...


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