Allison

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

LUIS ALBERTO VALENCIA PINEDA, Case No. 1:19-cv-00260-DAD-EPG-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

GRANT RESPONDENT’S MOTION TO

v. DISMISS AND DISMISS PETITION FOR

WRIT OF HABEAS CORPUS

KATHLEEN ALLISON,

ORDER DENYING PETITIONER’S

Respondent. REQUEST FOR APPOINTMENT OF

COUNSEL

16 (ECF No. 12) 17 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2010 convictions in the Merced County Superior Court for murder and kidnapping. As the instant petition was filed outside 28 U.S.C. § 2244(d)(1)’s one-year limitation period, the undersigned recommends granting Respondent’s motion to dismiss and dismissing the petition. I. BACKGROUND On September 7, 2010, Petitioner was convicted by a jury in the Merced County Superior Court of murder and kidnapping. Petitioner was sentenced to an imprisonment term…