Spearman
(HC) Williams v. Spearman
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KEITH WILLIAMS, JR., No. 2:19-cv-00379 KJM GGH P Petitioner, v. FINDINGS AND RECOMMENDATIONS M.E. SPEARMAN, Warden, Respondent. 16 Introduction 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). Pending before the court is respondent’s motion to dismiss on the ground that petitioner is barred by the one-year state of limitations pursuant to 28 U.S.C. § 2244(d). ECF No. 11. Petitioner has filed an opposition arguing equitable tolling. ECF No. 21. Respondent has filed a reply. ECF No. 22. After carefully reviewing the filings, the court now recommends that the motion be granted. Procedural Background On December 13, 2013, petitioner was convicted by jury in Sacramento County Superior Court of first-degree murder with lying…