United States District Court, E.D. California
RALPH E. DUMONT, Petitioner,
JEROME PRICE,, Respondents.
M. KELLISON UNITED STATES MAGISTRATE JUDGE
a state prisoner proceeding pro se, brings this petition for
a writ of habeas corpus pursuant to 28 U.S.C. § 2254.
Pursuant to the written consent of all parties, this case is
before the undersigned as the presiding judge for all
purposes, including entry of final judgment. See 28
U.S.C. § 636(c). Pending before the court is
respondents' motion to dismiss (Doc. 69).
Court Proceedings and Direct Appeal
was convicted of driving under the influence of alcohol in El
Dorado County Superior Court case no. P12CRF0521. The trial
court sustained a strike, three prior prison terms and two
prior convictions for driving under the influence of alcohol.
Petitioner was sentenced to nine years plus an eight-month
consecutive term following petitioner's no contest plea
in case no. P12CRF0264 to making criminal threats. Petitioner
appealed case no. P12CRF0521, challenging the imposition of
fines and fees. In October 2014, the California Court of
Appeal struck some fines and modified others. Petitioner did
not seek further review. No issues were presented on appeal
with respect to case no. P12CRF0264.
2014, petitioner filed a habeas petition in the California
Supreme Court. Citing case no. P12CRF0264, petitioner argued
that his trial counsel had him sign a plea agreement he could
not read and that he later asked to withdraw the plea.
Petitioner also argued that trial counsel was ineffective
other ways. The California Supreme Court denied the
petition on August 13, 2014.
his petition in the California Supreme Court was still
pending, petitioner filed a habeas petition in the El Dorado
County Superior Court in July 2014 raising the same claims as
well as two new claims related to case no. P12CRF0521. The
court denied the petition in a reasoned decision issued on
August 14, 2014.
his petitions in both the California Supreme Court and El
Dorado County Superior Court were still pending, petitioner
filed a habeas petition in the California Court of Appeal in
August 2014 raising the same two claims as the California
Supreme Court petition. The California Court of Appeal denied
the petition on August 14, 2014.
November 2014, petitioner filed a second habeas petition in
the El Dorado County Superior Court raising seven claims
relating to both criminal cases. The court denied the
petition on November 6, 2014, noting that the petition was
“yet another attempt to raise issues and claims already
addressed in other habeas corpus petitions.” In denying
the petition, the court cited In re Clark, 5 Cal.4th
750, 797 (1993).
action proceeds on the amended petition filed August 18,
2015. Petitioner references both El Dorado County Superior
Court criminal case numbers - P12CRF0264 and P12CRF0521.
Petitioner raises the following claims:
Ground 1 Right to fair trial denied by “negligence of a
proper timely arraignment.” Petitioner claims that the
arraignment was “missed by the D.A. so I bailed.”
He also claims that his trial was further delayed when trial
counsel “had me initial ...