Livermore

Livermore v. Watson

Good Law

556 F. Supp. 2d 1112·2008 WL 802330·2008 U.S. Dist. LEXIS 23890

United States District Court, Eastern District of CaliforniaMarch 26, 20081:06 CV 01447 WMW HCCalifornia4,359 words

Opinion

Wunderlich, J.

MEMORANDUM OPINION AND ORDER RE RESPONDENT’S MOTION TO DISMISS PETITION FOR WRIT OF HABEAS CORPUS

ORDER DENYING CERTIFICATE OF APPEALABILITY

Petitioner is a state prisoner proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. Section 2254 . Pursuant to Title 28 U.S.C. § 636 (c)(1), the parties have consented to the jurisdiction of the United States Magistrate Judge. Pending before the court is Respondent’s motion to dismiss.

PROCEDURAL HISTORY

On September 18, 2002, Petitioner was convicted of second degree murder and gross vehicular manslaughter. The trial court sentenced Petitioner to serve an indeterminate prison sentence of 15 years to life with the possibility of parole in state prison.

Petitioner filed a direct appeal and on February 24, 2004, the California Court of Appeal for the Fifth Appellate District affirmed the judgment. Petitioner filed a petition for review with the California Supreme Court, which denied the petition on April 28, 2004.

Petitioner filed the following three pro se state post-conviction collateral challenges:

First Petition

Second Petition

Third Petition

Petitioner filed the present petition on October 17, 2006.

LEGAL…

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