Lizzaraga

(HC) Padilla v. Lizzaraga

Good Law
United States District Court, Eastern District of CaliforniaAugust 6, 20192:18-cv-02266California1,652 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILBERTO PADILLA, No. 2:18-cv-2266-TLN-EFB P Petitioner, v. FINDINGS AND RECOMMENDATIONS JOE LIZARRAGA, Respondent. 16 Petitioner is a state prisoner proceeding without counsel in this petition for writ of habeas corpus under 28 U.S.C. § 2254. Respondent moves to dismiss the petition as untimely, for failure to state a cognizable claim, and for failure to exhaust a claim. ECF No. 14. For the reasons that follow, the petition is untimely, and the motion must therefore be granted. I. Background Petitioner was sentenced to a term of 12 years in California state prison on December 17, 2010. ECF No. 16-1 at 1. He did not appeal. Petitioner filed three state collateral challenges to his incarceration, beginning on July 18, 2016. ECF Nos. 16-2, 16-3, 16-4, 16-5, 16-6, & 16-7. The California Supreme Court denied the last of these challenges on June 13, 2018. ECF No. 16- 7. Petitioner filed this action on…

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