United States District Court, C.D. California
ORDER TO SHOW CAUSE
G. ROSENBERG United States Magistrate Judge
a state inmate, has filed a Petition for Writ of Habeas
Corpus by a Person in State Custody (“Petition”)
pursuant to 28 U.S.C. § 2254. For the reasons discussed
below, it appears that the one-year statute of limitations
court therefore orders Petitioner to show cause on or before
April 3 2017 why the court should not
recommend dismissal of the petition with prejudice based on
expiration of the one-year statute of limitations.
5, 2006, Petitioner pleaded no contest in Los Angeles County
Superior Court case number SA055687 to various crimes,
including robbery and assault with a deadly weapon. (Petition
at 2.) He was sentenced to 22 years in state prison. (Exh. A
to Petition.) Petitioner did not appeal.
eight years passed. On November 5, 2014, Petitioner filed a
habeas petition in the trial court, contending that his plea
bargain was invalid. On November 12, 2014, the Superior Court
denied the petition. On December 9, 2014, Petitioner filed
another habeas petition in the trial court. On December 16,
2014, the court again denied relief. (Petition at 3.)
6, 2016, the Superior Court denied a petition to modify the
sentence pursuant to Cal. Penal Code § 1170(d). (Exh. C
20, 2016, Petitioner filed a state habeas petition in the
California Court of Appeal, which denied relief on July 7,
2016. (Exh. D to Petition.) The Court takes judicial notice
of records in the state's Appellate Courts Case
Information database indicating that Petitioner filed a state
habeas petition in the California Supreme Court on August 15,
2016. The Court denied relief on October 12, 2016 with a
citation to In re Robbins, 18 Cal.4th 770, 780
(1998). In re Henderson, 2016 Cal. LEXIS 8645 (Oct.
February 13, 2017, Petitioner constructively filed the
Petition in this court.
Petition was filed after enactment of the Antiterrorism and
Effective Death Penalty Act of 1996 (“AEDPA”).
Therefore, the court applies the AEDPA in reviewing the
petition. Lindh v. Murphy, 521 U.S. 320, 336 (1997).
AEDPA contains a one-year statute of limitations for a
petition for writ of habeas corpus filed in federal court by
a person in custody pursuant to a judgment of a state court.
28 U.S.C. § 2244(d)(1). The one-year period starts
running on the latest of either the date when a conviction