(HC) Johnson v. St. Andre

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 AYLWIN DWAYNE JOHNSON, JR., No. 2:24-cv-0562 KJM CKD P Petitioner, v. FINDINGS AND RECOMMENDATIONS ROB ST. ANDRE, Respondent. 16 Petitioner is a California prisoner proceeding pro se with a petition for writ of habeas corpus under 28 U.S.C. § 2254. Petitioner stands convicted of murder and two counts of assault with a deadly weapon. ECF No. 12-2 at 2. Re-sentencing was ordered via a successful appeal. Id. at 32. On October 27, 2017, petitioner was ordered to serve 23-years-to-life in prison. ECF No. 12-5 at 2. Respondent seeks dismissal of the habeas petition for violation of the applicable limitations period. Respondent also asserts that ground 2 is not a valid basis for federal habeas relief. I. Ground 2 In Ground 2, petitioner asserts that his Fourteenth Amendment right to due process was violated by the Superior Court of Stanislaus County by way of that court’s denial of a petition for collateral review. As…