Zepeda

ORDER DISMISSING JESSIE ZEPE-DA’S PETITION FOR WRIT OF HABEAS CORPUS AND DECLINING TO ADOPT THE REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

The Report and Recommendation of United States Magistrate Judge Marc Goldman (“Report”) was filed December 20, 2007, recommending denial of Respondent’s request for dismissal. Respondent seeks dismissal on the ground that Petitioner’s habeas corpus petition is time-barred. While the issue is not free from doubt, this Court concludes that Respondent has the better argument. Therefore, the Court declines to adopt the Report and dismisses the instant petition.

I. Background

Petitioner was convicted in July 2004 of eight counts of attempted premeditated murder, and was sentenced to eight consecutive terms of 40 years to life in prison on October 22, 2004. (Report 1.) The California Court of Appeal affirmed the judgment on September 20, 2005, 2005 WL 2278027 , and the California Supreme Court denied review on November 30, 2005. (Id. at 2.)

On February 13, 2007, the California Supreme Court received a petition for writ of habeas corpus from Petitioner’s attorney. (Id.) The petition was marked “Received” by the Clerk of the Court…