Martha Gabriella Solano v. Warden

Filing 3

ORDER TO SHOW CAUSE WHY PETITION SHOULD NOT BE DISMISSED by Magistrate Judge Patrick J. Walsh. Response to Order to Show Cause due by 1/4/2018. SEE ORDER. (im)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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MARTHA GABRIELLA SOLANO,
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Petitioner,
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v.
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WARDEN,
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Respondent.
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CASE NO. CV 17-8686-AG (PJW)
ORDER TO SHOW CAUSE WHY PETITION
SHOULD NOT BE DISMISSED

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On November 26, 2017, Petitioner filed a Petition for Writ of

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Habeas Corpus, challenging her conviction in August 1999 for first

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degree murder with special circumstances and resultant sentence of

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life without the possibility of parole plus 25 years.

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1.)

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(2015), there was insufficient evidence to support the special

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circumstances allegation.

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of Habeas Corpus in the Supreme Court of California.)

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following reasons, Petitioner is ordered to show cause why her

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Petition should not be dismissed because it is time-barred.

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(Petition at

Petitioner contends that under People v. Banks, 61 Cal. 4th 788

(Petition at 2; attached Petition for Writ
For the

State prisoners seeking to challenge their state convictions in

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federal habeas corpus proceedings are subject to a one-year statute of

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limitations.

28 U.S.C. § 2244(d).

Here, Petitioner's conviction

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became final on June 4, 2001–-40 days after the California Court of

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Appeal affirmed her conviction.

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735 (9th Cir. 2008).

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one year later, on June 4, 2002.

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1243, 1246 (9th Cir. 2001).

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Petition until November 26, 2017, more than 15 years after the

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deadline.

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See Waldrip v. Hall, 548 F.3d 729,

Therefore, the statute of limitations expired
See Patterson v. Stewart, 251 F.3d

Petitioner, however, did not file this

IT IS THEREFORE ORDERED that, no later than January 4, 2018,
Petitioner shall inform the Court in writing why this case should not

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be dismissed with prejudice because it is barred by the statute of

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limitations.

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recommendation that this case be dismissed.

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Failure to timely file a response will result in a

DATED: December 5, 2017.

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PATRICK J. WALSH
UNITED STATES MAGISTRATE JUDGE

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S:\PJW\Cases-State Habeas\SOLANO, M 8686\OSC dismiss pet.wpd

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