Cavagnolo

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DERRICK COURCHAINE, No. 2:24-cv-03352-DAD-SCR 12 Petitioner, 13 v. FINDINGS & RECOMMENDATIONS 14 JANAN CAVAGNOLO, 15 Respondent.1 16 17 Petitioner is a state prisoner representing himself in this habeas corpus action filed 18 pursuant to 28 U.S.C. § 2254. Pending before the court is respondent’s motion to dismiss the 19 petition on the basis that it is barred by the statute of limitations. ECF No. 11. The motion has 20 been fully briefed by the parties. ECF Nos. 12-13. For the reasons discussed below, the 21 undersigned recommends granting the motion to dismiss. 22 I. Factual and Procedural History 23 Petitioner entered a no contest plea to two counts of residential robbery in concert in 24 Shasta County Superior Court. ECF Nos. 1, 10-1 (Abstract of Judgment). He was sentenced to 25 22 years in prison on January 27, 2020. ECF No. 1 at 21-23. 26

27 1 Janan Cavagnolo is substituted as the proper respondent in this action as he is the Warden of…