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Henry Eugene Harris v. Maurice Junious (Warden

April 24, 2012

HENRY EUGENE HARRIS, PETITIONER,
v.
MAURICE JUNIOUS (WARDEN), RESPONDENT.



The opinion of the court was delivered by: Charles F. Eick United States Magistrate Judge

REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

This Report and Recommendation is submitted to the Honorable John F. Walter, United States District Judge, pursuant to 28 U.S.C. section 636 and General Order 05-07 of the United States District Court for the Central District of California.

PROCEEDINGS

Petitioner filed a "Petition for Writ of Habeas Corpus By a Person in State Custody" on December 28, 2011. The Petition challenges the legality of Petitioner's 1989 conviction in the Los Angeles County Superior Court. Respondent filed an Answer on February 24, 2012, contending that: (1) the Court lacks subject matter jurisdiction over the Petition; (2) the Petition is untimely; and (3) the Petition is procedurally defaulted. On April 18, 2012, Petitioner filed a Traverse. Also on April 18, 2012, Petitioner filed a "Second Application for Extension of Time to File Supplemental to Traverse on Tolling and Procedural Bar."

BACKGROUND

In 1989, a jury found Petitioner guilty of forcible rape, forcible oral copulation and rape using a foreign object, in Los Angeles County Superior Court case number A577925 (Respondent's Lodgment 1). Petitioner received a prison term of six years (id.). On September 5, 1989, the California Court of Appeal affirmed (Respondent's Lodgment 3).

After being paroled in 1992, Petitioner incurred other convictions and parole violations (Respondent's Lodgment 4, pp. 4-11).*fn1 However, in March of 1998, Petitioner was discharged from parole in Los Angeles County Superior Court case number A577925 (id., p. 8).

On January 5, 2009, Petitioner filed a habeas corpus petition in the Superior Court challenging his 1989 conviction in case number A577925 (Respondent's Lodgment 6). The Superior Court denied the petition (Respondent's Lodgment 7). On February 23, 2009, Petitioner filed a habeas corpus petition in the Court of Appeal challenging his 1989 conviction in Los Angeles Superior Court case number A577925 (Respondent's Lodgment 8). The Court of Appeal denied the petition (Respondent's Lodgment 9).

On May 1, 2009, Petitioner filed a habeas corpus petition in this Court challenging his 1989 conviction. See Harris v. Haws, CV 09-3070-JFW (E).*fn2 The Court dismissed that petition without prejudice on July 8, 2009 for failure to exhaust state remedies.

On October 15, 2009, Petitioner filed another habeas corpus petition in this Court challenging his 1989 conviction. See Harris v. People of the State of California, CV 09-8251-JFW (E). The Court dismissed that petition on December 16, 2009, for failure to exhaust state remedies.

On February 3, 2011, Petitioner filed a third habeas corpus petition in this Court challenging his 1989 conviction. See Harris v. Baca, CV 11-1076-JFW (E). On March 18, 2011, the Court dismissed that petition for failure to exhaust state remedies.

On April 19, 2011, in Los Angeles County Superior Court case number BA364226, Petitioner received a fifteen-year sentence for sale of a controlled substance (Respondent's Lodgment 10). Petitioner presently is serving this sentence.

On May 26, 2011, Petitioner filed a habeas corpus petition in the California Supreme Court, challenging his 1989 conviction (Respondent's Lodgment 11). On October 12, 2011, the California Supreme ...


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