Frank

Frank v. Chavez

Good Law
65 F. Supp. 3d 677·2014 WL 4313229·2014 U.S. Dist. LEXIS 121379
United States District Court, Northern District of CaliforniaAugust 29, 2014Case No.: C 11-5204 YGR (PR)California5,225 words

Opinion

Lead Opinion

Rogers, J.

(Dkt. Nos. 31, 32)

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS AND CERTIFICATE OF APPEALABILITY; DENYING MOTIONS FOR JUDICIAL NOTICE AND TO RESTORE DISMISSED CLAIMS

INTRODUCTION

This matter is now before the Court for consideration of Raymond Timothy Frank’s (“Petitioner”) pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging his 2003 conviction in Contra Costa County Superior Court. For the reasons set forth below, the petition is DENIED. In addition, no certificate of appealability will be issued. The motions for-judicial notice and for to “revive” Claims 1-7 are DENIED.

BACKGROUND

On October 15, 2003, Petitioner was convicted by a Contra Costa County jury of two counts of corporal injury of a child (Cal. Penal Code § 273d(a)) and one count of assault causing the death of a child under the age of eight (Cal. Penal Code § 273ab), with one “strike” and a prior serious felony conviction. (Clerk’s Transcript (“CT”) Vol. 2, Ans. Exh. A, at 492-93.) He was sentenced to a term of sixty years and four months to life in prison. (Id. at 606-11.) The judgment was affirmed by the California Court of Appeal on May 10, 2007. (Ans.Exh. G.) The California…

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