Derrick Dwight Boyd v. Xavier Cano

Filing 4

ORDER TO SHOW CAUSE WHY PETITION SHOULD NOT BE DISMISSED by Magistrate Judge Patrick J. Walsh. Response to Order to Show Cause due by 1/5/2018. SEE ORDER. (im)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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DERRICK D. BOYD,
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Petitioner,
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v.
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XAVIER CANO, WARDEN,
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Respondent.
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CASE NO. CV 17-8700-SVW (PJW)
ORDER TO SHOW CAUSE WHY PETITION
SHOULD NOT BE DISMISSED

On November 16, 2017, Petitioner filed a Petition for Writ of

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Habeas Corpus, challenging his conviction in June 2004 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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2.)

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of counsel at trial; (2) he received ineffective assistance of counsel

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on appeal; and (3) his sentence violates the Eighth Amendment.

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(Petition at 5 and Exh. 1.)

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ordered to show cause why his Petition should not be dismissed because

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it is time-barred.

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(Petition at

Petitioner contends that: (1) he received ineffective assistance

For the following reasons, Petitioner is

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 October 10, 2006--90 days after the California Supreme

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Court denied his petition for review.

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412 F.3d 1066, 1069 (9th Cir. 2005).

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limitations expired one year later, on October 10, 2007.

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Patterson v. Stewart, 251 F.3d 1243, 1246 (9th Cir. 2001).

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Petitioner, however, did not file this Petition until November 16,

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2017, more than ten years after the deadline.

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See, e.g., Brambles v. Duncan,
Therefore, the statute of
See

IT IS THEREFORE ORDERED that, no later than January 5, 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\BOYD, D 8700\OSC dismiss pet.wpd

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