Guzman

(HC) Fossum v. Guzman

Good Law
United States District Court, Eastern District of CaliforniaNovember 25, 20241:24-cv-00903California2,365 words

Opinion

Trial Court Opinion

BACKGROUND

21 On August 12, 2019, Petitioner pleaded guilty in the Inyo County Superior Court to 22 robbery, burglary, battery with serious bodily injury, felon in possession of a firearm, and assault 23 with a deadly weapon. He was sentenced to an imprisonment term of ten years. (LD1 1.) 24 Petitioner did not appeal the sentence. (ECF No. 1 at 1.2) Thereafter, Petitioner filed fifteen 25 applications for state post-conviction or other collateral review, which were all denied. (LDs 2– 26 27 1 “LD” refers to the documents lodged by Respondent on October 3, 2024. (ECF No. 11.) 30.) On July 24, 2024,3 Petitioner constructively filed the instant federal petition for writ of habeas corpus. (ECF No. 1). On October 3, 2024, Respondent filed a motion to dismiss, arguing that the petition was filed outside the one-year limitation period. (ECF No. 10.) On October 21, 2024, Petitioner filed an opposition to the motion to dismiss. (ECF No. 12.) II. DISCUSSION A. Statute of Limitations On April 24, 1996, Congress enacted the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). AEDPA…

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