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Bland v. Pfieffer

United States District Court, E.D. California

February 20, 2018

JOSHUA DAVIS BLAND, Petitioner,
v.
CHRISTIAN PFIEFFER, Respondent.

          FINDINGS AND RECOMMENDATIONS TO GRANT RESPONDENT'S MOTION TO DISMISS AND TO DISMISS PETITION FOR WRIT OF HABEAS CORPUS FOR FAILURE TO EXHAUST STATE COURT REMEDIES (ECF NOS. 1, 12) THIRTY (30) DAY OBJECTION DEADLINE

          MICHAEL J. SENG UNITED STATES MAGISTRATE JUDGE

         Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent is represented by Paul Edward O'Connor of the Office of the Attorney General for the State of California.

         Before the Court is Respondent's motion to dismiss the petition for failure to exhaust state court remedies. (ECF No. 12.) For the reasons stated below, the undersigned will recommend that the motion be granted and that the petition be dismissed without prejudice.

         I. Procedural History

         Petitioner is currently in the custody of the California Department of Corrections and Rehabilitation pursuant to a judgment of the May 8, 2014 judgment of the Fresno County Superior Court, convicting him of one count of possession of child pornography and one count of possession of child pornography with a prior conviction, which required him to register as a sex offender. Numerous prior convictions were found true. Petitioner was sentenced to two consecutive sentences of twenty-five years to life. (Lodged Docs. 1, 2.)

         On March 8, 2016, the California Court of Appeal for the Fifth Appellate District affirmed the judgment. (Lodged Doc. 2). Petitioner did not seek review in the California Supreme Court.

         During and after the pendency of his direct appeal, Petitioner filed fifteen post-conviction petitions in the California state courts as follows:

1. Fresno County Superior Court Filed: May 19, 2014; Denied: June 18, 2014;
2. California Court of Appeal, Fifth Appellate District Filed: April 13, 2015; Denied: July 10, 2015;
3. Fresno County Superior Court Filed: May 12, 2015; Denied: June 9, 2015;
4. Fresno County Superior Court Filed: August 6, 2015; Denied: September 5, 2015;
5. Fresno County Superior Court Filed: September 10, 2015; Denied: October 27, 2015;
6. California Court of Appeal, Fifth Appellate District Filed: September 21, 2015; Denied: September 30, 2015;
7. California Court of Appeal, Fifth Appellate District Filed: January 7, 2016; Denied: ...

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