Gastelo
(HC) Tucker v. Gastelo
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GREGORY ALLEN TUCKER, No. 2:18-cv-0035 TLN KJN P Petitioner, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
JOSE GASTELO,1 Respondent. 16 I. Introduction Petitioner is a state prisoner, proceeding without counsel. Respondent moves to dismiss petitioner’s amended petition on the grounds that his challenge to his conviction is barred by the statute of limitations, and his claim concerning parole fails to state a cognizable federal habeas claim. Petitioner filed an opposition, and respondent filed a reply. As set forth below, the undersigned recommends that the motion to dismiss be granted. II. Legal Standards Rule 4 of the Rules Governing Section 2254 Cases allows a district court to dismiss a petition if it “plainly appears from the face of the petition and any exhibits annexed to it that the petitioner is not entitled to relief in the district court. . . .” Id. The Court of Appeals for the Ninth