Sullivan

(HC) Castillo v. Sullivan

Good Law
United States District Court, Eastern District of CaliforniaMay 4, 20202:19-cv-02170California1,502 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MIGUEL ANGEL CASTILLO, No. 2:19-cv-2170-EFB P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

W.J. SULLIVAN, Respondent. 16 Petitioner is a state prisoner who, proceeding pro se, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He has filed an application to proceed in forma pauperis (ECF No. 5) which makes the required showing and is granted. However, for the reasons stated below, his petition (ECF No. 1) is time-barred. I. Statute of Limitations Pursuant to the Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”), a federal habeas petition must be filed within one year of: (1) the date the state court judgment became final, either by conclusion of direct review or the expiration of time to seek such review; (2) the date on which an impediment to filing created by state action is removed (if the applicant was prevented from filing by that action); (3) the date on which a…

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