Tampkins

(HC) Jimenez v. Tampkins

Good Law
United States District Court, Eastern District of CaliforniaApril 2, 20201:19-cv-00187California1,514 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

10 RICHARD JIMENEZ, Case No. 1:19-cv-00187-NONE-JDP 11 Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS TO DISMISS

12 v. PETITION AND GRANTING MOTION TO

DISMISS

TAMPKINS,

(Doc. Nos. 11 & 20) 14 Respondent. 15 Petitioner Richard Jimenez, a state prisoner proceeding without counsel, brought this petition for writ of habeas corpus under 28 U.S.C. § 2254, challenging the sentence imposed upon him by the Fresno County Superior Court on July 29, 2014, in his underlying criminal case. Therein, petitioner asserts that he was subjected to an “illegal enhancement” and received ineffective assistance of counsel. (Doc. No. 1 at 1, 3.) This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Contending that the pending petition is time-barred under the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) and that petitioner failed to exhaust his claims before seeking federal habeas relief,…

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