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Anderson v. Keaton

United States District Court, C.D. California

April 3, 2018

Samuel Anderson
v.
Keaton, Warden

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

          CIVIL MINUTES-GENERAL

         Proceedings: (In Chambers) Order to Show Cause Why This Action Should Not Be Dismissed for Failure to Sign the Petition and/or As Untimely

         I. INTRODUCTION

         On March 19, 2018, Petitioner Samuel Anderson (“Petitioner”) constructively filed[1] a pro se Petition for Writ of Habeas Corpus (“Petition”) by a Person in State Custody pursuant to 28 U.S.C. § 2254 challenging his 2014 conviction and sentence for second degree robbery and petty theft with priors. ECF Docket No. (“Dkt.”) 1, Pet. However, the Petition is unsigned and appears to be untimely on its face. The Court thus orders Petitioner to show cause why this action should not be dismissed for failure to sign the Petition or as untimely.

         II. BACKGROUND

         On July 17, 2014, following a jury trial, Petitioner was convicted of second degree robbery and petty theft with prior theft-related convictions. Dkt. 1 at 2; see also People v. Anderson, No. B259053, 2015 WL 6736713, at *1 (Cal.Ct.App. Nov. 4, 2015).[2] Petitioner was sentenced to a term of seventeen years in state prison. See Dkt. 1 at 2; Anderson, 2015 WL 6736713, at *1.

         On September 25, 2014, Petitioner filed a direct appeal in the California Court of Appeal. Cal. Courts, Appellate Courts Case Info., Docket, http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=2&docid=2088430&doc no=B259053&requesttoken=NiIwLSIkXkw7WzBBSSFdUEJIUFw6USxTJiBORz9TQCAgCg %3D%3D (last updated Apr. 3, 2018, 9:09 AM). On November 4, 2015, the California Court of Appeal modified the judgment to strike Petitioner's one-year prison term enhancement that was based on the 1996 conviction for assault with a deadly weapon and affirmed the judgment in all other respects. Dkt. 1 at 3; Anderson, 2015 WL 6736713, at *5.

         On December 8, 2015, Petitioner filed a petition for review in the California Supreme Court. Cal. Courts, Appellate Courts Case Info., Docket, http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=0&docid=2127487&doc no=S231059&requesttoken=NiIwLSIkXkw7WzBBSSFdSExIMDg0UDxTICJORz9RICAgCg %3D%3D (last updated Apr. 3, 2018, 9:09 AM). On January 13, 2016, the California Supreme Court denied the petition for review. Id.

         On April 12, 2016, Petitioner filed a habeas petition in the Los Angeles County Superior Court. Dkt. 1-2 at 9-10.[3] On June 17, 2016, the superior court denied the petition. Id.

         On August 15, 2016, Petitioner filed a habeas petition in the California Court of Appeal. Cal. Courts, Appellate Courts Case Info., Docket, http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=2&docid=2151945&doc no=B276833&requesttoken=NiIwLSIkXkw7WzBBSSFdSExIMDg6USxTJCM%2BJzlTQCAgC g%3D%3D (last updated Apr. 3, 2018 at 9:09 AM). On August 25, 2016, the California Court of Appeal denied the petition. Id.

         On October 28, 2016, Petitioner filed a habeas petition in the California Supreme Court. Cal. Courts, Appellate Courts Case Info., Docket, http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=0&docid=2168390&doc no=S238039&requesttoken=NiIwLSIkXkw7WzBBSCNNXENIIDw0UDxTICBeRzlRICAgC g%3D%3D (last updated Apr. 3, 2018 at 9:09 AM). On December 21, 2016, the California Supreme Court denied the petition. Id.

         On February 7, 2018, Petitioner constructively filed in this Court a Motion for “Exhaustion of State Remedies” without an accompanying Petition. Anderson v. People of the State of Cal., CV 18-1169-CAS (KK), Dkt. 1. On February 16, 2018, the Court denied the motion for exhaustion and entered judgment dismissing the action without prejudice. Id. at Dkts. 3, 4.

         On March 19, 2018, Petitioner constructively filed the instant unsigned Petition in this Court. See Dkt. 1.

         III. ...


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