Harris
Ching Lee v. Harris
Opinion
Lead Opinion
Freeman, J.
ORDER GRANTING MOTION TO DISMISS
[Re: EOF 23]
Before the Court is Respondent’s motion to dismiss the amended petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 . Mot., EOF 23. For the reasons stated below, the Court GRANTS the motion to dismiss and DISMISSES with prejudice Petitioner’s petition for writ of habe-as corpus.
I. BACKGROUND
On November 16, 2012, Petitioner was found guilty in Contra Costa County Superior Court of inflicting corporal injury on a spouse. Am. Pet. 6, ECF 22. Petitioner was sentenced to three years of probation, and required to serve one day in jail, attend a fifty-two week domestic violence class, and perform twenty hours of com *995 munity service. Clerk’s Tr. On Appeal 66, ECF 22-2.
The Contra Costa County Superior Court denied Petitioner’s direct appeal on September 19, 2014. Am. Pet. 7. On May 26, 2015, Petitioner filed for a writ of habeas corpus in the Appellate Division of Contra Costa County Superior Court, which was denied on July 17, 2015. Ex. E to Am. Pet., ECF 22-6; Mot. 2. On November 18, 2015, Petitioner filed a petition of writ 'of habeas corpus in the California Supreme Court. Ex. 1 to Mot. Petitioner’s probation ended…