United States District Court, C.D. California, Western Division
HECTOR H. GALVEZ, Petitioner,
CYNTHIA Y. TAMPKINS, Warden, Respondent.
MEMORANDUM DECISION AND ORDER
L. ABRAMS UNITED STATES MAGISTRATE JUDGE
SUMMARY OF PROCEEDINGS
September 22, 2011, a Los Angeles County Superior Court jury
found petitioner guilty of one count of corporal injury to a
spouse/cohabitant/child's parent (Cal. Penal Code §
273.5(a)), one count of child abuse (Cal. Penal Code §
273a(a)), one count of criminal threats (Cal. Penal Code
§ 422), and three counts of assault by means likely to
produce great bodily injury or with a deadly weapon (Cal.
Penal Code § 245(a)(1)). (Reporter's Transcript
("RT") 4502-05; Clerk's Transcript
("CT") 156-61, 214-15). The trial court sentenced
petitioner to a term of nine years and eight months in state
prison. (RT 4801, 4809-13; CT 209-15).
direct appeal, the California Court of Appeal affirmed the
judgment. (Lodgment Nos. 3, 6). On June 12, 2013, the
California Supreme Court denied petitioner's petition for
review. (Lodgment Nos. 7, 8).
January 15, 2016, petitioner filed the instant Petition in
this Court, and consented to have the undersigned Magistrate
Judge conduct all further proceedings in this matter. On
April 21, 2016, respondent filed a Motion to Dismiss. On
April 22, 2016, respondent consented to have the undersigned
Magistrate Judge conduct all further proceedings.
17, 2016, respondent notified the Court that she had been
unable to serve petitioner with the Motion to Dismiss and
other filings. According to respondent, the documents had
been mailed to petitioner at his address of record, the
California Rehabilitation Center in Norco, California, but
were returned to respondent marked "ATTEMPTED -- NOT
KNOWN" and "UNABLE TO FORWARD, " and well as
with the handwritten notation "Paroled." Respondent
also stated that a search of the State of California Inmate
Locator website (http://inmatelocator.cdcr.ca.gov)
did not yield any results for petitioner. (Docket No. 21).
25, 2016, the Court ordered petitioner to file an Opposition
to the Motion to Dismiss by June 17, 2016. (Docket No. 23).
The Court's May 25, 2016, Order was returned to the Court
as undelivered with a handwritten notation indicating that
petitioner was paroled. (Docket No. 24). To date, petitioner
has not filed anything in response to the Court's May 25,
2016, Order, and has filed nothing in opposition to the
Motion to Dismiss.
matter has been taken under submission, and is ready for
contends that the evidence was insufficient to support the
conviction. (Petition Attachment at 1-10).
THE PETITION IS BARRED BY THE STATUTE OF
argues that the Petition is barred by the one-year statute of
limitations as prescribed by the Antiterrorism and Effective
Death Penalty Act of 1996 ("AEDPA"). 28 U.S.C.
§ 2244(d)(1). (Motion to Dismiss at 4-5).
THE LIMITATIONS PERIOD
Petition was filed after the enactment of the AEDPA. Pub. L.
No. 104-132, 110 Stat. 1214 (1996). Therefore, the Court
applies the AEDPA in its review of this action. See Lindh
v. Murphy, 5 ...