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Sapp v. Soto

United States District Court, N.D. California

September 24, 2014

RAMON SAPP, Petitioner,
v.
J. SOTO, Acting Warden, Respondent.

ORDER GRANTING RESPONDENT'S MOTION TO DISMISS PETITION AS UNTIMELY; AND DENYING CERTIFICATE OF APPEALABILITY (Dkts. 12, 15)

YVONNE GONZALEZ ROGERS, District Judge.

INTRODUCTION

Petitioner Ramon Sapp, an inmate at the California State Prison - Los Angeles County, filed a pro se action for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Before the Court is Respondent's motion to dismiss the instant petition as untimely under 28 U.S.C. § 2244(d) - the statute of limitations set by the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA").

Having considered all of the papers filed by the parties, the Court GRANTS Respondent's motion to dismiss the petition as untimely.

BACKGROUND

On February 21, 2006, an Alameda County jury convicted Petitioner of attempted premeditated murder of a police officer, two counts of assault with a deadly weapon on a police officer, and one count of possession of a firearm by a felon, with enhancements. Dkt. 12-2 at 30, 34.[1] Petitioner was sentenced to forty-three years to life in prison with the possibility of parole. Id. at 34.

The conviction for the aforementioned charges stemmed from a February 27, 2002 incident during which several undercover officers from the San Francisco Police Department pursued Petitioner upon participating in a plan to apprehend him because he had been identified as one of the high ranking members of the Thomas Paine gang. Id. at 31. Petitioner was initially pursued by car, and the chase ended on 35th Avenue in Oakland. Id. at 31-32. Before Petitioner could be arrested, he pulled out a black semi-automatic pistol, fired shots at the officers, and a "gun battle" ensued between him and the officers - multiple shots were fired. Id. at 32-33. The "gun battle" ended after Petitioner had sustained numerous gun shot wounds and his own gun appeared to jam. Id. at 33.

On July 31, 2007, the California Court of Appeal affirmed Petitioner's conviction in an unpublished decision. Id. at 30-44.

Thereafter, Petitioner sought review in the California Supreme Court, and the state supreme court denied review on October 10, 2007. Id. at 2-3.

On January 28, 2009, [2] Petitioner filed a petition for a writ of habeas corpus in the California Court of Appeal, which was denied the next day on January 29, 2009.[3] Dkt. 12-3 at 2.

On March 21, 2012, Petitioner filed a petition for a writ of habeas corpus in the United States Supreme Court. Dkt. 12-4 at 2. The Supreme Court denied the petition on April 16, 2012. Id.

Petitioner filed the present petition on June 28, 2013.[4] Dkt. 1.

On December 30, 2013, Respondent filed his motion to dismiss the petition for writ of habeas corpus as untimely. Dkt. 12. On March 5, 2014, Petitioner filed his opposition. Dkt. 14. On March 19, 2014, ...


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