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Ashley v. Biter

United States District Court, C.D. California

November 21, 2014

EDDIE ASHLEY, Petitioner,
v.
MARTIN BITER, [1] Warden, Respondent

Eddie Ashley, Petitioner, Pro se, Delano, CA.

For P. Denny, Respondent: Colleen M Tiedemann, Lance E Winterss, LEAD ATTORNEYS, CAAG - Office of The Attorney General, California Department of Justice, Los Angeles, CA; David A Wildman, CAAG - Office of Attorney General, Los Angeles, CA.

REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE TO DISMISS ACTION AS UNTIMELY [28 U.S.C. § 636; General Order 05-07]

Hon. Jay C. Gandhi, United States Magistrate Judge.

I.

INTRODUCTION AND SUMMARY

On March 3, 2014, petitioner Eddie Ashley (" Petitioner"), a California prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus (" Petition").[2] However, since Petitioner's statute of limitation period expired on August 12, 2013, the Petition is untimely. Accordingly, the Court recommends that the Petition be denied and the action be dismissed with prejudice.

II.

PRIOR PROCEEDINGS

On February 4, 2010, Petitioner pled no contest to one count of attempted murder and one count of assault with a semiautomatic firearm. (Pet. at 2; Lodg. No. 1 at 3.) In accordance with his plea agreement, Petitioner was sentenced to twenty-four years state imprisonment. (Id.)

On October 26, 2011, the California Court of Appeal affirmed the judgment. (Lodg. No. 1.) Thereafter, Petitioner filed a petition for review in the California Supreme Court, which was denied on January 4, 2012. (Lodg. Nos. 2, 3.)

On December 13, 2012, Petitioner filed a state habeas petition in the Los Angeles County Superior Court, which was denied on February 13, 2013. (Lodg. Nos. 4, 9.)

On April 14, 2013, Petitioner filed a second state habeas petition in the Los Angeles County Superior Court, which was denied on June 20, 2013. (Lodg. Nos. 5, 6.)

On September 5, 2013, Petitioner filed a third state habeas petition in the California Court of Appeal, which was denied on ...


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