(HC) Aguirre v. Smith

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANDREW AGUIRRE, No. 2:23-cv-0930-DAD-SCR Petitioner, v. FINDINGS & RECOMMENDATIONS STEPHEN SMITH, Respondent. 16 Petitioner is a state prisoner proceeding without counsel in this federal habeas corpus action filed pursuant to 28 U.S.C. § 2254. Pending before the court is respondent’s motion to dismiss the petition on the basis that it was filed two months after the statute of limitations expired. ECF No. 7. The motion has been fully briefed by the parties. ECF Nos. 19, 20. For the reasons discussed below, the undersigned recommends denying the motion to dismiss. I. Factual and Procedural History Petitioner’s habeas corpus application challenges his May 30, 2019 conviction in the Siskiyou County Superior Court for 26 separate counts primarily involving sex acts with minors. ECF No. 1; ECF No. 9-1 (Felony Abstract of Judgement). He was sentenced to a total term of 101 years, 4 months to life in prison.1 …