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Segura v. Davey

United States District Court, E.D. California

March 31, 2015

JOSE LUIS SEGURA, Petitioner,
v.
DAVE DAVEY, Warden, Respondent.

FINDINGS AND RECOMMENDATION REGARDING RESPONDENT'S MOTION TO DISMISS [Doc. 13]

MICHAEL J. SENG, Magistrate Judge.

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. ยง 2254. Respondent, Dave Davey, Warden of California State Prison, Corcoran is hereby substituted as the proper named respondent pursuant to Rule 25(d) of the Federal Rules of Civil Procedure. Respondent is represented in this action by Christina Simpson, of the Office of the Attorney General for the State of California.

I. BACKGROUND

Petitioner is currently in the custody of the California Department of Corrections pursuant to a judgment of the Superior Court of California, County of Kings, upon being convicted by a jury of two counts of continuous sexual abuse of a child under the age of 14 years, aggravated sexual assault of a child under the age of 14 years via oral copulation, aggravated sexual assault of a child under the age of 14 years via sexual penetration, and exhibition of harmful matter with the intent of seducing a minor. On December 3, 2008, Petitioner was sentenced to an indeterminate state prison term of forty-five years to life, plus two years. (Lodged Docs. 1-2.)

On September 9, 2009, the California Court of Appeal, Fifth Appellate District, affirmed the judgment, but vacated the sentence on count one and remanded the matter to the trial court for resentencing. (Lodged Doc. 2.) Petitioner did not seek review in the California Supreme Court. On January 29, 2010, the Kings County Superior Court resentenced Petitioner to thirty years to life in accordance with the Court of Appeal's remand. (Lodged Doc. 3.) No appeal followed the resentencing.

Petitioner proceeded to file eleven petitions for writ of habeas corpus in the California state courts as follows:

[1] [2]
[3] [4] [5] [6] [7] [8] [9 ...

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