Andes

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SAMMIE LEE NICHOLS, No. 2:24-cv-00082 TLN AC Petitioner, v. FINDINGS AND RECOMMENDATIONS CHANCE ANDES, Respondent. 16 Petitioner is a state prisoner proceeding pro se and in forma pauperis in this habeas corpus action filed pursuant to 28 U.S.C. § 2254. Currently pending before the court is respondent’s motion to dismiss on the ground that the petition was untimely filed. I. Factual and Procedural History Following a jury trial in the Sacramento County Superior Court, petitioner was convicted of 19 separate felonies including first degree burglary, kidnapping for the purpose of committing robbery, rape, robbery, and possession of an illegal shotgun. ECF No. 10-2 (Opinion on direct appeal). On August 20, 2010, he was sentenced to a determinate term of 81 years and 4 months to be served consecutively to an indeterminate term of 78 years to life in prison. ECF No. 10-1 at 1-4 (Abstract of Judgment). …