United States District Court, C.D. California
GLENN S. MARTINEZ CASTRO, Petitioner,
RAYMOND MADDEN, et al., Respondent.
S. Martinez Castro, Petitioner, Pro Se.
Raymond Madden, Respondent, represented by David
Delgado-Rucci, CAAG - Office of the Attorney General.
FINAL REPORT & RECOMMENDATION OF UNITED STATES
KIYA KATO, Magistrate Judge.
Final Report and Recommendation is submitted to United States
District Judge Beverly Reid O'Connell, pursuant to Title
28 of the United States Code, section 636 and General Order
05-07 of the United States District Court for the Central
District of California.
Glenn S. Martinez Castro ("Petitioner") has filed a
First Amended Petition ("FAP") for Writ of Habeas
Corpus by a Person in State Custody under Title 28 of the
United States Code, section 2254 ("Section 2254").
Respondent Raymond Madden ("Respondent") has filed
a Motion to Dismiss ("Motion") the FAP. As
discussed below, the Court recommends granting the Motion and
dismissing this action with prejudice as untimely.
STATE COURT PROCEEDINGS
August 27, 2012, Petitioner pled guilty to: (1) two counts of
robbery within the meaning of California Penal Code section
211; and (2) enhancements for personally using a firearm
during the commission of the robberies, participating in a
criminal street gang, and serving a prior prison or jail term
within the meaning of California Penal Code sections
12022.53(b), 186.22(b)(1)(A), and 667.5(b) in the Riverside
County Superior Court. Lodged Document No.
("Lodg.") 1 at 5. Petitioner was sentenced to a
term of twenty-four years in prison. Id. at 8.
Petitioner did not appeal his conviction in the California
Court of Appeal or California Supreme Court.
10, 2015, Petitioner constructively filed his first state
habeas petition in the Riverside County Superior Court. Lodg.
2. On May 26, 2015, the Riverside County Superior Court
denied the petition. Lodg. 3.
16, 2015, Petitioner constructively filed his second state
habeas petition in the California Court of Appeal. Lodg. 4.
On August 4, 2015, the California Court of Appeal denied the
petition. Lodg. 5.
October 8, 2015, Petitioner constructively filed his third
state habeas petition in the California Supreme Court. Lodg.
6. On January 20, 2016, the ...