(HC) Lawrie v. People of the State of California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MATTHEW ALAN LAWRIE, Case No. 2:24-cv-3803-JDP (P) Petitioner, v. ORDER; FINDINGS AND
RECOMMENDATIONS
PEOPLE OF THE STATE OF
CALIFORNIA,
15 Respondent.
17 Petitioner, a state prisoner proceeding pro se, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 2. He also moves to proceed in forma pauperis. ECF No. 7. The petition raises claims related to a conviction for first degree murder from May 2006. ECF No. 2 at 2. Petitioner seems to acknowledge that his petition is untimely and argues that the petition should be considered because he is actually innocent under Schlup v. Delo, 513 U.S 298 (1995). However, petitioner’s actual innocence arguments do not save his untimely petition, and I recommend that it be dismissed as time-barred. I will grant petitioner’s motion to proceed in forma pauperis. The matter is before the court for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases. Under Rule…