Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Garcia-Borja v. Baca

United States District Court, D. Nevada

December 23, 2019

ISREAL GARCIA-BORJA, Petitioner,
v.
ISIDRO BACA, et al., Respondents.

          ORDER

          ROBERT C. JONES UNITED STATES DISTRICT JUDGE

         Petitioner Isreal Garcia-Borja, a Nevada prisoner, commenced this proceeding under 28 U.S.C. § 2254 by filing a pro se Petition for Writ of Habeas Corpus (ECF No. 6). This habeas matter is before the Court on Respondents' Motion to Dismiss (ECF No. 12). Garcia-Borja did not respond to this motion and the deadline for doing so has expired.[1] For the reasons discussed below, Respondents' motion is granted in part and denied in part.

         BACKGROUND

         I. State Court Proceedings

         Garcia-Borja challenges a conviction and sentence imposed by the Second Judicial District Court for Washoe County, Nevada (“state court”). In August 2012, Garcia-Borja entered a guilty plea to three charges of attempted lewdness with a child under the age of fourteen. (ECF Nos. 16-3, 16-4.) On December 21, 2012, the state district court entered a judgment of conviction sentencing Garcia-Borja on each count to consecutive sentences of imprisonment for a maximum term of 240 months with a minimum parole eligibility of 96 months. (ECF No. 16-8.) Garcia-Borja timely appealed.

         In March 2013, while the direct appeal was pending, prosecutors filed a motion to correct illegal sentence seeking to amend Garcia-Borja's judgment by adding lifetime supervision-a mandatory condition under NRS 176.0931. (ECF Nos. 16-18, 16-22.) Garcia-Borja did not oppose the amendment. (See ECF No. 16-29.) The state court granted the motion and entered an amended judgment of conviction including lifetime supervision on July 1, 2013. (ECF Nos. 16-29, 16-30.)

         Garcia-Borja did not file a notice of appeal seeking to separately appeal the amended judgment. The time to do so expired on July 31, 2013.

         On September 19, 2013, the Nevada Supreme Court affirmed Garcia-Borja's conviction. (ECF No. 16-31.) The time to seek certiorari review in the United States Supreme Court expired on December 18, 2013.

         After 169 days elapsed, Garcia-Borja filed a state petition for writ of habeas corpus (“state petition”) on June 6, 2014, seeking post-conviction relief.[2] (ECF No. 16-38.) Following an evidentiary hearing, the state court denied the state petition. (ECF Nos. 17-23, 17-26.) Garcia-Borja filed a post-conviction appeal. The Nevada Court of Appeals affirmed the state court's denial of relief. (ECF No. 18-13.) Garcia-Borja sought rehearing but his request was denied. (ECF No. 18-26.) A remittitur issued concluding the post-conviction appeal on August 21, 2018. (ECF No. 18-27.)

         II. Federal Habeas Proceedings

         On or about November 28, 2018, Garcia-Borja mailed or handed to a prison official for the purpose of mailing, the pro se federal petition for writ of habeas corpus initiating this case. (ECF No. 6.) The federal petition raises three claims.

         DISCUSSION

         Respondents have moved to dismiss Garcia-Borja's petition as untimely and certain claims as unexhausted.

         I. Timeliness

         A. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.