Spearman

(HC) Guzman v. Spearman

Good Law
United States District Court, Eastern District of CaliforniaFebruary 13, 20202:18-cv-00911California1,435 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ENRIQUE FIGUEROA GUZMAN, No. 2:18-cv-0911-MCE-EFB P Petitioner, v. FINDINGS AND RECOMMENDATIONS M.E. SPEARMAN, Respondent. 16 Petitioner is a state prisoner who, proceeding without counsel, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He filed his petition on April 13, 2018. ECF No. 1. On June 24, 2019, respondent filed a motion to dismiss which argued that petitioner’s claims are barred by the one-year statute of limitations which governs federal habeas claims. ECF No. 10. Petitioner has filed an opposition. ECF No. 13. For the reasons stated hereafter, the petition should be dismissed. Background In 1995 petitioner was convicted in the Sacramento County Superior Court of second- degree murder. ECF No. 9-1. In recent years (2016 onward) he filed several state habeas actions challenging his murder conviction (Lodg. Doc Nos. 2, 4, & 6) which invoked the United States 27 …

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