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Lockridge v. Asuncion

United States District Court, C.D. California

June 12, 2017

SHEDRICK LOCKRIDGE, Petitioner,
v.
DEBBIE ASUNCION, Warden, Respondent.

          ORDER DISMISSING ACTION WITH PREJUDICE

          HON. MICHAEL R. WILNER UNITED STATES MAGISTRATE JUDGE.

         The Court grants the Attorney General's unopposed motion to dismiss this habeas action as untimely.

         1. Petitioner filed this habeas action under 28 U.S.C. § 2254 to challenge his state court conviction for attempted murder and other charges.

         2. According to the Attorney General's submission (Docket #13), the following dates are relevant to evaluating the timeliness of Petitioner's action:

a. February 11, 2015 - Review denied in state supreme court on direct appeal;
b. May 12, 2015 - Conviction became final (expiration of certiorari period);
c. April 27, 2016 - Petitioner filed habeas action in superior court;
d. May 18, 2016 - Relief denied;
e. June 9, 2016 - Petitioner filed habeas action in appellate court;
f. July 1, 2016 - Review denied (untimely action);
g. July 18, 2016 - Petitioner filed habeas action / petition for review in supreme court;
h. August 31, 2016 - Review denied (no explanation)
i. November 9, 2016 - Petitioner filed federal action.

         3. In March 2017, the Attorney General moved to dismiss the federal action as untimely and for failure to properly exhaust his claims. (Docket #13.) Petitioner failed to file a response to the motion. (Docket #15.) The Court then issued an order to show cause why the motion should not be granted as unopposed ...


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