Horn
Keith W. Candler v. Pat Horn
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KEITH W. CANDLER, No. 2:24-cv-3026 DAD CSK P Petitioner, v. FINDINGS AND RECOMMENDATIONS PAT HORN, Respondent. 16 Petitioner is a state prisoner, proceeding without counsel and in forma pauperis. Petitioner filed a petition of writ of habeas corpus pursuant to 28 U.S.C. § 2254, and is serving an indeterminate sentence of seven years to life in state prison. (ECF No. 1 at 14.) Petitioner challenges a prison disciplinary violation for possession of a deadly weapon. Pending before the Court is respondent’s motion to dismiss the habeas petition for failure to state a federal habeas claim, and in the alternative, respondent contends that even if petitioner stated a cognizable habeas claim, the petition is barred by the statute of limitations. For the reasons set forth below, respondent’s motion should be granted, and the petition dismissed for lack of habeas jurisdiction. I. LEGAL STANDARDS A respondent’s motion…