(HC) Ellis v. Warden of Central California Women's Facility

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KATHRYN ANN ELLIS, Case No. 1:19-cv-200-NONE-JDP (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS TO DENY MOTION

v. TO DISMISS WARDEN OF CENTRAL CALIFORNIA (Doc. No. 24)

WOMEN’S FACILITY,

15 Respondent.

17 18 Petitioner Kathryn Ann Ellis, a state prisoner, brought this petition for writ of habeas corpus under 28 U.S.C. § 2254 through counsel on February 12, 2019. (Doc. No. 1.) Petitioner was sentenced to life without the possibility of parole in the Fresno County Superior Court on September 25, 2013, after she was convicted of first-degree murder of her husband. (Id. at ¶ 1.) Petitioner now seeks to overturn her state court conviction on the ground that she was not afforded effective assistance of counsel. (Doc. No. 6 at 1.) On July 19, 2019, respondent moved to dismiss the habeas petition as untimely under 28 U.S.C. § 2244(d). (Doc. No. 11 at 3.) Petitioner opposed that motion on August 7, 2019, and…