Neuschmid

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANCOIS P. GIVENS, No. 2:17-cv-0328 KJM CKD P Plaintiff, ORDER v. ROBERT NEUSCHMID, Defendant. 16 17 This matter is before the court on the assigned Magistrate Judge’s recommendation to deny the state’s motion to dismiss. See Mot., ECF No. 17; F&Rs, ECF No. 35; Objections, ECF No. 36; Reply, ECF No. 39. As explained below, the court declines to adopt the magistrate judge’s recommendation. Each claim in a state prisoner’s federal habeas corpus petition must be filed within a one- year statute of limitations period. See 28 U.S.C. § 2244(d)(1); Mardesich v. Cate, 668 F.3d 1164, 1171 (9th Cir. 2012). That limitations period is tolled while “a properly filed application for State post-conviction or other collateral review . . . is pending.” Id. § 2244(d)(2). An application is “pending” not only while a state court considers a filed petition or appeal, but also during the interval “between a lower state court’s decision and the…