Kernana

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAIME GOMEZ, Case No. 1:18-cv-01425-LJO-JDP

Petitioner, FINDINGS AND RECOMMENDATIONS

THAT COURT DENY RESPONDENT’S

v. MOTION TO DISMISS

SCOTT KERNANA, ECF No. 11.

15 Respondent. 16 Petitioner Jose Luis Kelly Cuevas, a state prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. Respondent moves to dismiss the petition as untimely. ECF No. 11. Because respondent has not shown that the petition is untimely, we recommend that the court deny respondent’s motion to dismiss. The Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) has a one-year statute of limitations for a state prisoner to file a federal habeas petition. 28 U.S.C. § 2244(d)(1). The one-year period begins on the latest of four dates: A. the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such…