Covello

(HC) Coleman v. Covello

Good Law
United States District Court, Eastern District of CaliforniaDecember 21, 20202:20-cv-00974California2,662 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAYMOND NELSON COLEMAN, No. 2:20-cv-0974 JAM AC P Petitioner, v. FINDINGS AND RECOMMENDATIONS P. COVELLO, Warden, Respondent. 16 I. Introduction Petitioner Raymond Nelson Coleman is a California state prisoner who proceeds pro se and in forma pauperis with this habeas corpus action filed pursuant to 28 U.S.C. § 2254. See ECF No. 1. Petitioner challenges, on equal protection grounds, the refusal of the California courts to recall his sentence of life imprisonment without the possibility of parole (LWOP) based on his age when the underlying offenses were committed. Respondent has moved to dismiss this action on the ground it fails to state a cognizable federal claim and because untimely filed after expiration of the one-year limitations period established by the Antiterrorism and Effective Death Penalty Act (AEDPA), 28 U.S.C. § 2244(d). ECF No. 15. Petitioner opposes the motion, ECF No. 19, and respondent has…

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