Roeung

Roeung v. Felker

Good Law
484 F. Supp. 2d 1081·2007 WL 1056679·2007 U.S. Dist. LEXIS 29386
United States District Court, Central District of CaliforniaApril 3, 2007CV 06 5258 DDP(RC)California2,254 words

Opinion

Opinion

Chapman, J.

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

On August 2, 2006, petitioner Bunthoeun Roeung, a state inmate proceeding pro se, filed his initial habeas corpus petition under 28 U.S.C. § 2254 , and on September 15, 2006, petitioner filed his First Amended Petition, which is currently pending. On January 25, 2007, respondent filed his motion to dismiss the First Amended Petition, arguing the petition is untimely. On February 28, 2007, petitioner filed his opposition to the motion to dismiss, and on March 26, 2007, respondent filed a reply.

BACKGROUND

On February 26, 1999, in Los Angeles County Superior Court case no. BA109494, a jury convicted petitioner of three counts of first degree murder in violation of California Penal Code (“P.C.”) § 187(a) (counts 1, 2 & 6), seven counts of willful, deliberate and premeditated attempted murder in violation of P.C. § 664/187(a) (counts 4, 7-12), and one count of conspiracy to commit murder in violation of P.C. §§ 182(a)(l)/187(a) (count 13) and, as to all counts, the jury found a principal was armed with a firearm within the meaning of P.C. § 12022(a)(1), the crimes…

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