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Henderson v. Davey

United States District Court, C.D. California

July 25, 2017

Kyle Henderson
v.
Dave Davey

          Present: Honorable KENLY KIYA KATO, UNITED STATES MAGISTRATE JUDGE

          CIVIL MINUTES-GENERAL

         Proceedings: (In Chambers) Order to Show Cause Why This Action Should Not Be Dismissed As Untimely [Dkt. 1]

         I.

         INTRODUCTION

         Petitioner Kyle Henderson (“Petitioner”) has filed a pro se Petition for Writ of Habeas Corpus (“Petition”) by a Person in State Custody pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2014 conviction and sentence based on a single claim of ineffective assistance of counsel. See ECF Docket (“Dkt.”) No. 1, Pet. at 4. However, the Petition appears to be untimely on its face. The Court thus orders Petitioner to show cause why this action should not be dismissed as untimely.

         II.

         BACKGROUND

         According to the Petition, “on or about” April 23, 2014, Petitioner was convicted of murder, robbery, and attempted murder in Los Angeles County Superior Court. See Pet. at 24. On November 23, 2014, Petitioner was sentenced to a term of life without the possibility of parole, plus a term of fifty years to life, and forty years. Id.

         On November 20, 2014, Petitioner filed a direct appeal in the California Court of Appeal. California Courts, Appellate Courts Case Information, Docket (July 25, 2017, 7:24 AM)

         http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=2&docid=2098447&doc no=B261497. On May 13, 2015, the California Court of Appeal dismissed the appeal as abandoned and remittitur issued on July 14, 2015. Id.

         On January 3, 2016, Petitioner filed a petition for habeas corpus in the Los Angeles County Superior Court. Pet. at 20. On March 1, 2016, the superior court denied the petition. Id.

         On May 3, 2016, Petitioner filed a petition for habeas corups in the California Court of Appeal. California Courts, Appellate Courts Case Information, Docket (July 25, 2017, 7:21 AM) http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=2&docid=2140336&doc no=B271930. On May 19, 2016, the Court of Appeal denied the petition. Pet. at 21.

         On June 9, 2016, Petitioner filed a petition for habeas corpus in the California Supreme Court. California Courts, Appellate Courts Case Information, Docket (July 25, 2017, 7:29 AM) http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=0&docid=2146194&doc no=S235074. On July 20, 2016, the California Supreme Court denied the petition. Pet. at 22.

         On July 17, 2017, Petitioner constructively[1] filed the instant ...


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