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William Alexander v. W. Knipp

May 16, 2013

WILLIAM ALEXANDER BOYD, PETITIONER,
v.
W. KNIPP, WARDEN, RESPONDENT.



The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

FINDINGS & RECOMMENDATIONS

INTRODUCTION

Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. By this action, petitioner challenges a judgment of conviction entered against him in the Sacramento County Superior Court in 2007. This matter is now before the court on respondent's motion to dismiss the action as barred by the applicable statute of limitations.

BACKGROUND AND FACTUAL SUMMARY

Petitioner was convicted in the Sacramento County Superior Court of twenty-four counts of sexual offenses against his daughter, who was under the age of fourteen years old. Lod. Doc. 1. On June 8, 2007, he was sentenced to fourteen years plus a consecutive thirty years to life. Id. The relevant facts of petitioner's crime were summarized in the unpublished opinion of the California Court of Appeal, Third Appellate District, as follows:

Defendant and his wife had two children together. One daughter was given up for adoption, and the other daughter, N.B. was born in 1990.

Defendant was an extremely angry individual with a habit of yelling at N.B. and his wife on a daily basis. His remarks to N.B. were frequently rude and demeaning. On a monthly basis, defendant would become sufficiently angry to throw things around the house. He once threw the family cat through a closed window when it awakened him. He also once kicked the dog.

Defendant twice pointed a knife at his wife's throat during disputes.

Defendant began molesting N.B. when she was in second grade. Defendant would make her sit on his lap to look at child pornography on the computer while both of them were naked. He also made her take off her clothes and lie on top of him. He would make her play with his penis, or he would put his mouth on her vagina.

On two or three occasions, defendant tried to force her to orally copulate him. She resisted. Once defendant tried to penetrate her vagina with his penis. When N.B. told him to stop because it hurt, he responded that he would "save that for when [she was] older."

At various times, defendant ejaculated on N.B.'s leg, clothing, and bedding. Sometimes defendant would say he was sorry, only to molest her again the next day.

While his wife was working outside the home, defendant sexually molested N.B. every other day. Defendant molested her less frequently only after she was in sixth grade.

Defendant sexually molested N.B. twice while she was in eighth grade. She decided to tell someone about the molestations when it appeared that her mother was going back to work. Because the molestations had been "really bad" while her mother had previously worked outside the home, N.B. was afraid defendant would molest her more frequently and aggressively when her mother resumed employment.

In January 2005, N.B. told her best friend that defendant had molested her. Her friend convinced N.B. that she needed to tell someone, and the two of them went to see the school counselor. N.B. told the school counselor about the sexual molestations. After reporting the abuse, N.B. was examined by a pediatric nurse. During the examination, N.B. described the history of defendant sexually abusing her. N.B. ...


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