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Pimentel v. Pfeiffer

United States District Court, C.D. California

November 9, 2017

Ricardo Pimentel
v.
Christian Pfeiffer, Warden

          Present: The Honorable KENLY KIYA KATO, UNITED STATES MAGISTRATE JUDGE

          CIVIL MINUTES-GENERAL

         I.

         INTRODUCTION

         On October 9, 2017, Petitioner Ricardo Pimentel (“Petitioner”) 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 2010 convictions and sentence for burglary and possession of stolen property. See ECF Docket No. (“Dkt.”) 1, Pet. 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

         In 2010, Petitioner was convicted of first degree burglary in violation of sections 459, 460 of the California Penal Code and receiving stolen property in violation of section 496 subdivision (a) of the California Penal Code. Pet. at 1; see also People v. Pimentel, No. G044873, 2012 WL 1708856, at *1 (Cal.Ct.App. May 16, 2012).[1] Petitioner was sentenced to a term of thirty-five years to life in state prison.[2] See Pimentel, 2012 WL 1708856, at *1.

         On March 2, 2011, Petitioner filed a direct appeal in the California Court of Appeal. California Courts, Appellate Courts Case Information, Docket, http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=43&docid=1972300&doc no=G044873 (last updated Nov. 9, 2017, 8:26 AM). On May 16, 2012, the California Court of Appeal affirmed the conviction. Pet. at 2; Pimentel, 2012 WL 1708856. Petitioner did not file a petition for review in the California Supreme Court. Pet. at 2.

         On December 5, 2016, Petitioner filed a petition for habeas corpus in the California Supreme Court. Pet. at 3; California Courts, Appellate Courts Case Information, Docket, http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=0&docid=2171343&doc no=S238774 (last updated Nov. 9, 2017, 8:26 AM). On January 18, 2017, the California Supreme Court denied the petition. Id.

         On June 22, 2017, Petitioner filed a second petition for habeas corpus in the California Supreme Court. Pet. at 4; California Courts, Appellate Courts Case Information, Docket, http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=0&docid=22072 71&docno=S242738 (last updated Nov. 9, 2017, 8:26 AM). On September 13, 2017, the California Supreme Court denied the petition. Id.

         On October 9, 2017, Petitioner constructively filed the instant Petition in this Court. Pet. at 15.

         III.

         DISCUSSION

         A. THE PETITION WAS FILED AFTER AEDPA'S ONE-YEAR ...


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