Kevin Potts v. California

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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

11 Petitioner, FINDINGS AND RECOMMENDATION TO

GRANT RESPONDENT’S MOTION TO

12 v. DISMISS AND DISMISS PETITION FOR

WRIT OF HABEAS CORPUS

13 CALIFORNIA,

ORDER DENYING PETITIONER’S

14 Respondent. MOTION TO COMPEL, DENYING

PETITIONER’S MOTION TO LIMIT

15 REPLY, AND GRANTING PETITIONER’S

MOTION FOR LODGMENT OF EVIDENCE

16 (ECF Nos. 1, 16, 19, 25) 17 18 Petitioner is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 19 U.S.C. § 2254. As the petition for writ of habeas corpus was filed outside 28 U.S.C. 20 § 2244(d)(1)’s one-year limitation period, the undersigned recommends granting Respondent’s 21 motion to dismiss and dismissing the petition. 22 I. 23 BACKGROUND 24 On September 27, 2018, Petitioner pleaded nolo contendere to three counts of rape by use 25 of drugs. On October 30, 2018, Petitioner was sentenced to a…