Neuschmid
(HC) Abel-Bey v. Neuschmid
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ARONDREI HAROLD ABEL-BEY, No. 2:20-cv-0041 JAM CKD P Petitioner, v. FINDINGS AND RECOMMENDATIONS ROBERT NEUSCHMID, Respondent. 16 Petitioner is a California prisoner proceeding pro se with a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. Petitioner stands convicted of first-degree murder from the Superior Court of Sacramento County. On April 13, 2012, petitioner was sentenced to 25 years-to-life imprisonment with an additional year added pursuant to a use of weapons enhancement. ECF No. 14-1. Respondent has filed a motion to dismiss the petition as time- barred. Title 28 U.S.C. § 2244(d)(1) provides: A 1–year period of limitation shall apply to an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court. The limitation period shall run from the latest of— (A) the date on which the judgment became final by the…