Spearman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JESUS MONTANO, No. 2:19-cv-00650 TLN GGH P Petitioner, v. FINDINGS AND RECOMMENDATIONS M. ELIOT SPEARMAN, Respondent. 16 17 Introduction and Summary Petitioner, a state prisoner proceeding through counsel, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. ECF No. 1. The matter was referred to the United States Magistrate Judge pursuant to 28 U.S.C. §636(b)(1) and Local Rule 302(c). Petitioner was convicted of several counts of attempted murder on an aiding and abetting theory, including one count of attempted murder of a police officer, and was ultimately sentenced to 42 years to life imprisonment. Respondent has filed a motion to dismiss based on expiration of the Antiterrorism and Effective Death Penalty Act (“AEDPA”) one-year statute of limitations. ECF No. 8. Petitioner does not contest that the statutory limitations period had expired, prior to the filing of the federal petition,…