Peery

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 VINCENT RIVERA, No. 2:16-cv-0856 KJM CKD P Petitioner, v. FINDINGS AND RECOMMENDATIONS S. PEERY, Respondent. 16 Petitioner is a California prisoner proceeding pro se with a second amended petition for writ of habeas corpus (ECF No. 41) filed pursuant to 28 U.S.C. § 2254. Petitioner stands convicted of one count of first-degree murder, three counts of attempted murder, and one count of possession of a firearm by a felon. Petitioner is serving an aggregate indeterminate sentence of 96 years-to-life consecutive to a 2-year determinate sentence. CT at 212-14. Respondent has filed a motion to dismiss some of the claims appearing in the second amended petition as time- barred. 1. Limitations Period Runs As To New Claims Title 28 U.S.C. § 2244(d)(1) provides: A 1–year period of limitation shall apply to an application for a writ of habeas corpus by a person in custody pursuant to the judgment of …