Sullivan

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GENNEL EDWARD MILES, JR., No. 2:19-CV-0377-KJM-DMC-P Petitioner, v. FINDINGS AND RECOMMENDATIONS W.J. SULLIVAN, Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is respondent’s motion to dismiss (ECF No. 10). Respondent contends the petition is untimely. 20 I. FACTUAL BACKGROUND Petitioner Gennel Edward Miles, Jr., was convicted in Sacramento County Superior Court of first-degree murder, robbery in concert, kidnaping, carjacking, and arson. See ECF No. 1, pg. 1; ECF No. 17, pg. 2. On April 19, 2013, he was sentenced to an indeterminate state prison term of life without the possibility of parole on the murder conviction and a determinate state prison term of twenty-seven years and eight months on the remaining convictions. Id. On September 7, 2016, the California Court of…