Borders

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

APRIL ROSIE LOPEZ TREVIZO, Case No. 1:16-cv-01845-DAD-SKO (HC)

Petitioner, FINDINGS AND RECOMMENDATION

v.

DEAN BORDERS, Warden, Respondent.

16 Petitioner is a state prisoner proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. This matter has been referred to the undersigned for findings and recommendations pursuant to 28 U.S.C. §§ 636(b)(1)(B) and (C) and Local Rule 304. On March 31, 2019, the District Court dismissed the petition as untimely and entered judgment. (Docs. 50, 51.) Petitioner appealed to the Ninth Circuit Court of Appeals. (Doc. 52.) On September 15, 2020, the Ninth Circuit issued an order granting Petitioner’s motion to vacate the judgment in part and remanding the matter to the District Court for further proceedings. (Doc. 56.) The Ninth Circuit granted a limited remand to allow the District Court to determine in the first instance whether Petitioner’s habeas petition is timely in light of the January 26, 2015, state court decision.1…