Solorio

Solorio v. Hartley

Good Law

591 F. Supp. 2d 1127·2008 WL 5423449·2008 U.S. Dist. LEXIS 106044

United States District Court, Central District of CaliforniaDecember 10, 2008CV 08-4862-SVW(RC)California1,387 words

Opinion

Chapman, J.

PROCEEDINGS: (IN CHAMBERS) ORDER DENYING RESPONDENT’S MOTION TO DISMISS AND REQUIRING RESPONDENT TO ANSWER THE PETITION

Effective July 21, 2008, petitioner, proceeding pro se, filed a habeas corpus petition under 28 U.S.C. § 2254 , challenging the California Board of Parole Hearings’ decision of June 30, 2007, to deny him parole for three years. On November 20, 2008, respondent filed a motion to dismiss the petition, arguing it is untimely, and on December 5, 2008, petitioner filed his opposition to the motion to dismiss.

BACKGROUND

On March 26, 1993, in Los Angeles County Superior Court case no. YA011225, a jury convicted petitioner Manuel Solorio of second degree murder with the use of a firearm in violation of California Penal Code (“P.C.”) §§ 187(a) and 12022.5(a), and petitioner was subsequently sentenced to the total term of 19 years to life in state prison. Petition at 2. Petitioner appealed his conviction to the California Court of Appeal, which affirmed the judgment. Petition at 2-3.

On February 18, 2004, the California Board of Prison Terms held its initial parole suitability hearing for petitioner, and denied petitioner parole for three years, effective May 18,…

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