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Love v. Baca

United States District Court, C.D. California

September 19, 2014

THADDEUS LOVE, Petitioner,
v.
LEROY BACA, SHERIFF FOR LOS ANGELES COUNTY, Respondent.

ORDER OF DISMISSAL

OTIS D. WRIGHT, II, District Judge.

I.

INTRODUCTION

On March 19, 2014, Petitioner Thaddeus Love ("Petitioner"), a California state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus by a Person in State Custody, pursuant to 28 U.S.C. § 2254 (Docket Entry No. 1).[1] On July 1, 2014, Respondent filed a Motion to Dismiss ("Mot. to Dismiss") (Docket Entry No. 11). On August 8, 2014, Petitioner filed an Opposition to Respondent's Motion to Dismiss. ("Opp.") (Docket Entry No. 13). For the reasons discussed below, the Petition is DENIED and the action is DISMISSED without prejudice.

II.

BACKGROUND

On August 13, 1999, Petitioner pled guilty to four counts of robbery (Case No. TA101307), in violation of California Penal Code ("P.C.") § 211, and one count of attempted robbery (Case No. VA054599), in violation of P.C. §§ 664 and 211. (Lodgment 3; Lodgment 5, at 10.) On August 13, 1999, Petitioner was sentenced to ten years and eight months in state prison; however, because the trial court erred in the calculation of Petitioner's prison term, his sentence was subsequently reduced to a term of nine years. (Lodgment 3, at 5.) Petitioner was released on parole for these convictions on February 26, 2004, and was discharged from parole on August 20, 2007. (Lodgment 7, at 3.)

On June 17, 2010, Petitioner was charged (Case No. BA366923) with twenty-one felony counts, including eighteen counts of robbery, in violation of P.C. § 211; one count of false imprisonment, in violation of P.C. § 236; one count of attempted robbery, in violation of P.C. §§ 664 and 211; and one count of assault with a firearm, in violation of P.C. § 245(a)(2). (Lodgment 1, at 1.) While in custody awaiting trial on these new offenses, Petitioner filed three state habeas petitions and the instant federal petition. (See Lodgment 1; Lodgment 8; Lodgment 12; Lodgment 14; Pet. at 1.)

On July 8, 2013, Petitioner filed a state habeas petition in the Los Angeles County Superior Court. (Lodgment 8.) That petition asserted that, in the course of the pending criminal proceedings, the State breached a plea agreement relating to the 1999 convictions. (Pet. at 4.) According to Petitioner, the prosecution allegedly promised to consolidate THE COUNTS Petitioner had pleaded guilty to in Case Numbers TA101307 and VA05499 into one single conviction "for all future purposes." (Lodgment 8, at 3.) Accordingly, Petitioner claimed that he suffered "collateral consequences" from that conviction. (See id.) The Superior Court denied the petition, reasoning that Petitioner failed to show a prima facie case for relief, and that he was no longer in custody for those offenses. (Lodgment 9.)[2]

On November 15, 2013, Petitioner filed a state habeas petition in the California Court of Appeal, alleging that the Los Angeles Superior Court violated his due process rights by summarily denying the petition below. (Lodgment 12, at 3.) On November 21, 2013, the California Court of Appeal denied the petition for failure to state sufficient facts or provide an adequate record demonstrating entitlement to the relief requested. (Lodgment 13.) On January 2, 2014, Petitioner filed a habeas petition in the California Supreme Court, (Lodgment 14), which was summarily denied on February 11, 2014. (Lodgment 15.)

On March 12, 2014, Petitioner filed the instant Petition.

III.

PETITIONER'S CONTENTIONS

The Petition raises four grounds for ...


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