Blanco

Blanco v. Johnson

Good Law
United States District Court, Southern District of CaliforniaMay 24, 20213:20-cv-01088California1,355 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Norman P. BLANCO, Case No. 3:20-cv-1088-WQH-AGS

Petitioner,

REPORT AND RECOMMENDATION

v. TO GRANT RESPONDENT’S

MOTION TO DISMISS (ECF 7)

Raybon JOHNSON, Warden, 7 Respondent.

Petitioner’s deadline for seeking federal habeas was June 8, 2011. He instead waited until 2020 to file a habeas petition, nine years late. Because neither statutory nor equitable tolling excuses this untimeliness, his petition should be dismissed. BACKGROUND After Norman Blanco appealed his convictions for assault with a firearm and other crimes, the California Supreme Court denied review on March 10, 2010. (ECF 8-3, at 1.) A decade later, Blanco filed a state habeas petition, which the California Court of Appeal rejected as untimely. (ECF 8-4, at 2.) On June 15, 2020, Blanco submitted the present request for federal habeas relief on the same grounds. (ECF 1, at 16.) Respondent now moves to dismiss this federal…

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