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Ware v. R. Madden

United States District Court, C.D. California

April 6, 2015

JOHNNY M. WARE, Petitioner,
v.
R. MADDEN, Warden, Respondent.

ORDER TO SHOW CAUSE

ALICIA G. ROSENBERG, Magistrate Judge.

On April 1, 2015, Petitioner filed a Petition for Habeas Corpus pursuant to 28 U.S.C. ยง 2254. For the reasons discussed below, it appears that the one-year statute of limitations has expired.

The court, therefore, orders Petitioner to show cause on or before May 6, 2015 why this court should not recommend dismissal of the petition with prejudice based on expiration of the one-year statute of limitations.

I.

PROCEDURAL BACKGROUND

On November 4, 2010, a San Bernardino County jury convicted Petitioner of residential burglary and forcible rape. (Petition at 2.) Petitioner was sentenced to prison on December 20, 2010. (Id. )

On July 17, 2012, the California Court of Appeal reduced Petitioner's sentence for the forcible rape from 25 years to life to 15 years to life. The court affirmed the judgment in all other respects. People v. Ware, 2012 WL 2899061, *1 (Cal.App. Ct. July 17, 2012).

Petitioner states he filed a petition for review with the California Supreme Court with an "unknown" case number. (Petition at 3.) However, a review of the California Appellate Courts Case Information online docket indicates that a petition for review was not filed on direct appeal.

On July 31, 2013, Petitioner filed a habeas petition in the San Bernardino Superior Court, which was denied on September 23, 2013. (Petition at 3-4); see also San Bernardino Superior Court online docket in Case No. WHCSS1300327 (last visited on April 6, 2015).

On December 3, 2013, Petitioner filed a habeas petition in the Court of Appeal, which was denied on December 11, 2013. (Petition at 4); see also California Appellate Courts Case Information online docket in Case No. E060118.

On September 8, 2014, Petitioner filed a habeas petition in the California Supreme Court, which was denied on February 18, 2015, raising the same issues he raised in the Court of Appeal. (Petition at 4-5) see also California Appellate Courts Case Information online docket in Case No. S221120.

On March 17, 2015, Petitioner constructively filed the instant petition in this court in which he raises four grounds. (Petition at 5-6; back of envelope.)

II.

STATUTE OF ...


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