Neuschmid

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GARY ALAN EBERLY, No. 2:19-CV-1631-MCE-DMC-P Petitioner, v. FINDINGS AND RECOMMENDATIONS ROBERT NEUSCHMID, Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the Court is respondent’s motion to dismiss (ECF No. 9). Respondent contends the petition is untimely. 20 I. BACKGROUND Petitioner Gary Alan Eberly was convicted in Sacramento County Superior Court of first-degree murder. See ECF No. 1, p. 2. On February 26, 2016, petitioner was sentenced to an indeterminate state prison term of twenty-five years to life with possibility of parole. Id. Petitioner appealed his conviction. The California Court of Appeal affirmed the judgment on October 30, 2017. See ECF No. 1, p. 2. The California Supreme Court denied review on January 24, 2018. Id. /// Petitioner filed…