Marshall

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 11 LONNIE DAVID STRINGER, No. 2:09-cv-2980-KJM-EFB P Petitioner, v. JOHN MARSHALL, FINDINGS AND RECOMMENDATIONS Respondent. 17 Petitioner is a state prisoner with counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254. On March 31, 2011, this court granted respondent’s motion to dismiss the action as barred by the statute of limitations contained in the Anti-terrorism and Effective Death Penalty Act (“AEDPA”). ECF No. 30. Thereafter, petitioner filed a Notice of Appeal. Later that year while the appeal was pending, the United States Court of Appeals for the Ninth Circuit concluded in another case that AEDPA’s limitations provisions are subject to an equitable exception for claims of actual innocence. Lee v. Lampert, 653 F.3d 929 (9th Cir. 2011) (en banc). The United States Supreme Court agreed in 2013. McQuiggin v. Perkins, 569 U.S. 383, 386-87 (2013). ///// ///// 28 On the appeal in this matter, the Ninth…