Sullivan

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSE LUIS KELLY CUEVAS, Case No. 1:18-cv-01281-LJO-JDP

Petitioner, FINDINGS AND RECOMMENDATIONS

THAT COURT DENY RESPONDENT’S

v. MOTION TO DISMISS AND

PETITIONER’S MOTION TO STAY

J. SULLIVAN, WITHOUT PREJUDICE

ECF Nos. 19, 26 Respondent. ORDER DENYING PETITIONER’S

MOTION FOR COUNSEL WITHOUT

PREJUDICE ECF No. 23 Petitioner Jose Luis Kelly Cuevas, a state prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 8. Respondent moves to dismiss the petition as untimely. ECF No. 19. Petitioner alleges that his appellate counsel’s refusal to pursue review by the California Supreme Court precluded him from filing a timely petition. Rather than holding an evidentiary hearing to assess the veracity of petitioner’s allegations, we recommend that the court deny…