Kevin Potts v. California

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

KEVIN POTTS, Case No. 1:25-cv-00439-KES-EPG-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

GRANT RESPONDENT’S MOTION TO

v. DISMISS AND DISMISS PETITION FOR

WRIT OF HABEAS CORPUS

CALIFORNIA,

ORDER DENYING PETITIONER’S

Respondent. MOTION TO COMPEL, DENYING

PETITIONER’S MOTION TO LIMIT

REPLY, AND GRANTING PETITIONER’S

MOTION FOR LODGMENT OF EVIDENCE

16 (ECF Nos. 1, 16, 19, 25) 17 Petitioner is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. As the petition for writ of habeas corpus was filed outside 28 U.S.C. § 2244(d)(1)’s one-year limitation period, the undersigned recommends granting Respondent’s motion to dismiss and dismissing the petition. I. BACKGROUND On September 27, 2018, Petitioner pleaded nolo contendere to three counts of rape by use of drugs. On October 30, 2018, Petitioner was sentenced to a…