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Ralph S. Williams v. R. Hill

October 24, 2011

RALPH S. WILLIAMS, PETITIONER,
v.
R. HILL, WARDEN, RESPONDENT.



The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

FINDINGS & RECOMMENDATIONS

I. Introduction

Petitioner is a state prisoner, proceeding without counsel, with an application for petition of writ of habeas corpus pursuant to 28 U.S.C. § 2254. Before the court is respondent's motion to dismiss the pending habeas petition as barred by the statute of limitations. Petitioner filed an opposition to the motion. No reply was filed. For the reasons set forth below, the undersigned recommends that respondent's motion be granted.

II. Legal Standards

On April 24, 1996, the Antiterrorism and Effective Death Penalty Act

("AEDPA") was enacted. Section 2244(d)(1) of Title 8 of the United States Code provides:

A 1-year period of limitation shall apply to an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court. The limitation period shall run from the latest of --

(A) the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review;

(B) the date on which the impediment to filing an application created by State action in violation of the Constitution or laws of the United States is removed, if the applicant was prevented from filing by such State action;

(C) the date on which the constitutional right asserted was initially recognized by the Supreme Court, if the right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or

(D) the date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence.

28 U.S.C. § 2244(d)(1). Section 2244(d)(2) provides that "the time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward" the limitations period. 28 U.S.C. § 2244(d)(2).

III. Chronology

For purposes of the statute of limitations analysis, the relevant chronology of this case is as follows: 1. On January 28, 2003, petitioner pled no contest to first degree robbery, and admitted a number of sentencing enhancements. (Respondent's Lodged Document ("LD") 1.) Petitioner was sentenced to a determinate state prison term of sixteen years. (LD 1.) Petitioner did not appeal the conviction.

2. On May 27, 2003,*fn1 petitioner filed a petition for writ of habeas corpus in the El Dorado County Superior Court. (LD 2.) The petition was denied on August 7, 2003. (LD 3.)

3. On January 2, 2004, petitioner filed a petition for writ of habeas corpus in the California Court of Appeal, Third Appellate District. (LD 4.) The petition was denied on January 8, 2004. (LD 5.)

4. On January 20, 2004, petitioner filed a petition for writ of habeas corpus in the California Supreme Court. (LD 6.) On June 17, 2004, petitioner filed a supplemental petition for writ of habeas corpus in the California Supreme Court. (LD 7.) On December 15, 2004, the petition for writ of habeas corpus was denied without comment. (LD 6-8.)

5. On May 28, 2010, petitioner filed a petition for writ of habeas corpus in the El Dorado County Superior Court. (LD 9.) On July 22, 2010, the petition was denied. (LD 10.)

6. On August 16, 2010, petitioner filed a petition for writ of habeas corpus in the California Court of Appeal, Third Appellate District. (LD 11.) The petition was denied ...


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