Diaz

(HC) Povadora v. Diaz

Good Law
United States District Court, Eastern District of CaliforniaMarch 23, 20212:20-cv-01074California1,093 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALBERT POVADORA, No. 2:20-CV-1074-WBS-DMC-P Petitioner, v. FINDINGS AND RECOMMENDATIONS RALPH DIAZ, Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the Court is Respondent’s motion to dismiss the instant action as untimely. See ECF No. 11. 20 I. BACKGROUND Petitioner was convicted of 17 criminal counts against four different women. See ECF No. 13-2, pg. 1 (unpublished decision of the California Court of Appeal on direct review in People v. Povadora, case no. C067732). The counts included: forcible rape, forcible sodomy, forcible oral copulation, kidnapping, and false imprisonment. See id. The jury found true numerous special allegations, including the personal use of a deadly weapon and commission of crimes against multiple victims. See id. Petitioner was…

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