Christopher Shane Rivera v. Jeffrey Macomber

Summary

The United States District Court for the Central District of California accepts the magistrate judge’s findings and recommendation in a federal habeas proceeding. The court grants the respondent’s motion to dismiss and dismisses the petition with prejudice, concluding that it was untimely, that state resentencing proceedings did not restart the limitations period, and that the asserted resentencing claims were not cognizable on federal habeas review.

Holdings

1. State habeas petitions filed after the federal statute of limitations had expired did not restart or reinitiate the limitations period.
2. The denial of resentencing relief did not create a new intervening judgment and therefore did not restart the federal habeas statute of limitations.
3. Alleged errors in the denial of state resentencing relief under California Penal Code § 1172.6 were not cognizable on federal habeas review.
4. Petitioner's ignorance of the law and alleged failure of appellate counsel to raise issues were not extraordinary circumstances warranting equitable tolling.

Questions Presented

1. Whether petitioner's later California habeas petitions could restart the federal habeas statute of limitations after the limitations period had expired.
2. Whether the denial of resentencing relief created a new intervening judgment that restarted the federal habeas limitations period.
3. Whether petitioner's California Penal Code § 1172.6 resentencing claims were cognizable in federal habeas review.
4. Whether petitioner's ignorance of the law and alleged ineffective assistance of appellate counsel constituted extraordinary circumstances warranting equitable tolling.

Disposition

dismissed