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Preston Alonzo Howell v. Ricky Hill

March 13, 2013

PRESTON ALONZO HOWELL,
PETITIONER,
v.
RICKY HILL, RESPONDENT.



The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge

FINDINGS AND RECOMMENDATIONS

Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is respondent's motion to dismiss (Doc. 12) the petition as second or successive and also as untimely.

I. BACKGROUND

Petitioner was convicted of assault with a deadly weapon and two counts of forcible rape on May 21, 1998. Petitioner was sentenced to a determinate term of 18 years plus an indeterminate life term with the possibility of parole after 15 years. Petitioner's conviction and sentence were affirmed on direct appeal on August 5, 1999. The California Supreme Court denied direct review on October 20, 1999.

Petitioner then filed twelve pro se post-conviction actions:*fn1 1st Petition Sacramento County Superior Court

Filed January 13, 2000

Denied February 9, 2000 2nd Petition Sacramento County Superior Court

Filed March 29, 2000

Denied May 1, 2000 3rd Petition California Court of Appeal

Filed May 30, 2000

Denied June 15, 2000 4th Petition California Supreme Court

Filed June 22, 2000

Denied October 25, 2000 5th Petition Sacramento County ...


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