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Vasquez v. Valenzuela

United States District Court, C.D. California

June 11, 2015

AARON VASQUEZ, Petitioner,
v.
ELVIN VALENZUELA, Respondent.

REPORT AND RECOMMENDATION OF UNITED STATE MAGISTRATE JUDGE

CHARLES F. EICK, Magistrate Judge.

This Report and Recommendation is submitted to the Honorable John A. Kronstadt, United States District Judge, pursuant to 28 U.S.C. section 636 and General Order 05-07 of the United States District Court for the Central District of California.

PROCEEDINGS

On March 23, 2015, Petitioner filed a "Petition for Writ of Habeas Corpus By a Person in State Custody, " bearing a signature date of March 17, 2015. On May 15, 2015, Respondent filed a "Motion to Dismiss, " asserting that the Petition is untimely. On May 29, 2015, Petitioner filed an "Opposition to Motion to Dismiss."

BACKGROUND

On February 6, 2013, a prison hearing officer found Petitioner guilty of "possession of dangerous property" (Lodgment 1, pp. 10-14). Petitioner unsuccessfully pursued an administrative appeal, which concluded on June 20, 2013 (Lodgment 2).

Almost a year later, on June 19, 2014, Petitioner assertedly mailed a habeas corpus petition to the Superior Court (Petition at 3). The Superior Court denied this petition on September 2, 2014 (Lodgment 3).

Approximately four months later, on January 3, 2015, Petitioner assertedly mailed a habeas corpus petition to the California Court of Appeal (Petition at 4). The Court of Appeal summarily denied this petition on January 8, 2015 (Lodgment 4).

Petitioner then assertedly mailed a habeas corpus petition to the California Supreme Court on January 11, 2015[1] (Petition at 4). The Supreme Court denied this petition summarily on March 11, 2015 (Lodgment 6).

DISCUSSION

The "Antiterrorism and Effective Death Penalty Act of 1996" ("AEDPA"), signed into law April 24, 1996, amended 28 U.S.C. section 2244 to provide a one-year statute of limitations governing habeas petitions filed by state prisoners:

(d)(1) A 1-year period of limitation shall apply to an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court. The limitation period shall run from the latest of -
(A) the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review;
(B) the date on which the impediment to filing an application created by State action in violation of the Constitution or laws of the United States is removed, if the applicant ...

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