Tuggle
(HC) Valencia v. Tuggle
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 HAURILIO SILVA VALENCIA, No. 2:24-cv-2994 TLN CSK P 12 Petitioner, 13 v. ORDER AND FINDINGS AND
RECOMMENDATIONS
14 JOSEPH TUGGLE,1 15 Respondent. 16 17 Petitioner, a state prisoner, proceeds pro se with an application for writ of habeas corpus 18 pursuant to 28 U.S.C. § 2254. Respondent filed a motion to dismiss this action alleging the 19 petition was filed beyond the one-year statute of limitations. 28 U.S.C. § 2244(d). As set forth 20 below, the Court recommends that the fully briefed motion be granted. 21 I. BACKGROUND 22 This action was constructively filed on October 31, 2024 (ECF No. 1 at 71). Rule 3(d), 23 Rules Governing Habeas Corpus Cases Under Section 2254. 24 On February 27, 2025, respondent filed the motion to dismiss. (ECF No. 10.) On April 25 25, 2025, after being granted an extension of time, petitioner filed an opposition. (ECF No. 13.) 26 On May 9, 2023, respondent filed a reply. (ECF No. 14.) 27 1 The Warden of Folsom State…