Parsons v. Knipp et al

Filing 81

ORDER DENYING 79 , 80 REQUESTS TO REOPEN signed by Judge Haywood S. Gilliam, Jr.. (bns, COURT STAFF) (Filed on 2/14/2022) Modified on 2/14/2022 to edit docket entry (bns, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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AARON ATLEE PARSONS,
Petitioner,

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v.

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ORDER DENYING REQUESTS TO
REOPEN
Re: Dkt. Nos. 79, 80

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RAYMOND MADDEN,
Respondent.

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United States District Court
Northern District of California

Case No. 14-cv-04833-HSG

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Petitioner, a pro se prisoner, filed this action for a writ of habeas corpus pursuant to 28

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U.S.C. § 2254. On May 21, 2018, this petition was dismissed as untimely, and a certificate of

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appealability was denied. Dkt. No. 68. Now pending before the Court are Petitioner’s requests to

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reopen this action. Dkt. Nos. 79, 80. For the reasons set forth below, the request is DENIED.
DISCUSSION

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I.

Procedural History
On or about October 26, 2014, Petitioner filed the instant petition for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. On October 27, 2015, the Court denied Respondent’s

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motion to dismiss. Dkt. No. 23. The Court found that Petitioner’s conviction became final on

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March 12, 2013, sixty days after his re-sentencing on January 11, 2013, and the limitations period

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began to run on March 13, 2013. Id. at 3. The Court found that Petitioner was entitled to tolling

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under 28 U.S.C. § 2244(d)(2) for the time that (1) his habeas petition was pending in state superior

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court, November 19, 2013 to April 19, 2014, a total of 141 days; and (2) his habeas petition was

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pending in the California Supreme Court, July 11, 2014 to October 1, 2014. Although the denials

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of these state habeas petitions mentioned untimeliness as a ground for denial, the Court found that

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the state court denials were ambiguous because they cited numerous procedural grounds and did

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not specify which of Petitioner’s multiple claims were rejected under which cited procedural rule.

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Id. at 5-6. The Court found that because Petitioner was entitled to a total of 223 days, the

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limitations period expired on October 21, 2014, and his petition was late by 4 days. However, the

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Court noted Petitioner was possibly entitled to statutory tolling for the time between when the

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state appellate court denied his habeas petition, April 9, 2014, and when he filed his habeas

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petition with the California Supreme Court, July 11, 2014, a total of 82 days, depending on

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whether the California Supreme Court agreed to accept the question certified by the Ninth Circuit:

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“When a state habeas petitioner has no good cause for delay, at what point in time is that state

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prisoner’s petition, filed in a California court of review to challenge a lower state court’s
disposition of the prisoner’s claims, untimely under California law?” See Robinson v. Lewis, 795

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United States District Court
Northern District of California

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F.3d 926, 928 (9th Cir. 2015) (“Robinson I”). Id. at 3-4.
On December 16, 2015, the California Supreme Court granted the request for certification

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in Robinson. See Robinson v. Lewis, 2015 D.A.R. 13410, No. S228137 (Cal. Dec. 16, 2015)

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(“Robinson II”).
On January 12, 2016, the Court stayed this action pending the California Supreme Court’s

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decision in Robinson II. Dkt. No. 25.
On April 26, 2017, the Court reopened the action at Petitioner’s request, noting that the

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California Supreme Court had not yet issued a decision in Robinson II, and ordering Respondent

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to file an answer. Dkt. No. 38. On August 1, 2017, the Court stayed the action, noting that

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Robinson II was now fully briefed, and a decision could be imminent. Dkt. No. 45. On May 21,

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2018, the Court dismissed the petition as untimely. The Court stated that it was reluctant to extend

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the stay indefinitely and, in the interest of finality, was compelled to dismiss the petition as

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untimely under then-current federal precedent without awaiting guidance from the California

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Supreme Court. Dkt. No. 68 at 2. The dismissal was without prejudice to Petitioner moving to

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reopen this action pursuant to Fed. R. Civ. P. 60(b)(6) when the California Supreme Court issued a

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decision in Robinson II, if the decision suggested that this action was timely. Id. The Court

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denied a certificate of appealability and entered judgment in favor of Respondent. Dkt. Nos. 68,

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69, 71.
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Petitioner appealed. Dkt. No. 72. On March 30, 2020, the Ninth Circuit affirmed the

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Court’s finding that the petition was untimely. However, the Ninth Circuit found that the petition

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was untimely by 228 days, because he was not entitled to statutory tolling for the time that his

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state habeas petitions were pending because they were not properly filed within the meaning of

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Section 2244(d)(2). Dkt. No. 77 (Parsons v. Lizarraga, slip op. No. 18-16149 (9th Cir. Mar. 30,

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2020).

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II.

Requests to Reopen
In July 2020, the California Supreme Court addressed the question certified in Robinson II.

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Robinson v. Lewis, 9 Cal. 5th 883, 901 (Cal. 2020) (“Robinson III”). Petitioner requests to reopen

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this case, arguing that Robinson III establishes that his petition is timely. Dkt. No. 79 at 2 (citing

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United States District Court
Northern District of California

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to Robinson III); Dkt. No. 2 80. Petitioner notes that this Court’s dismissal of his petition as

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untimely was without prejudice to re-filing, depending on how the California Supreme Court

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resolved the question posed in Robinson II. Petitioner argues that his petition is timely because in

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Robinson III, the California Supreme Court held that a delay of up to 120 days between the state

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court denial of the habeas petition and the filing of the habeas petition at the next level of review

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would never be considered a substantial delay, and his case involved only 82 days of delay. Dkt.

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No. 79 at 2 (citing to Robinson III). Petitioner’s request to reopen is DENIED. The Ninth

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Circuit’s decision that this petition is untimely found that Petitioner is not entitled to statutory

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tolling for the time during which his state habeas petitions were pending because they were not

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properly filed within the meaning of Section 2244(d)(2). Dkt. No. 77 (Parsons, slip op. at 3-4).

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Accordingly, the California Supreme Court’s decision in Robinson III does not control.

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CONCLUSION

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For the reasons set forth above, Petitioner’s request to reopen this case is DENIED. Dkt.
No. 79. The case remains closed.

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This order terminates Dkt. Nos. 79, 80.

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IT IS SO ORDERED.

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Dated: 2/14/2022
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge

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United States District Court
Northern District of California

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