Fisher

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LARRY DUN, No. 2:19-cv-01781 MCE GGH P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

RAYTHEL FISHER, Warden, Respondent. 16 17 Introduction and Summary Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. §2254. 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 rape, robbery and murder four decades ago; however, this is his first federal petition related to that conviction itself. It is not surprising that respondent would move to dismiss this habeas petition based on the Antiterrorism and Effective Death Penalty Act of 1996 (hereinafter “AEDPA”) statute of limitations, and it might be expected that a motion would be successful. That expectation is realized here even though petitioner attempts to set forth an actual innocence claim. After…