Bird
(HC) McDonald v. Bird
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
10 11 ELIJAH T. MCDONALD, No. 2:20-cv-00881-TLN-CKD P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS
LANDON BIRD,
15 Respondent.1
17 Petitioner is a state prisoner proceeding pro se in this federal habeas corpus action filed pursuant to 28 U.S.C. § 2254. Pending before the court is respondent’s motion to dismiss petitioner’s federal habeas corpus application on the basis that it is barred by the statute of limitations. ECF No. 8. The motion has been fully briefed. See ECF Nos. 17,18. For the reasons discussed below, the court recommends that the motion to dismiss be granted and petitioner’s application for federal habeas corpus relief be dismissed with prejudice as time barred. ////
1 The court substitutes Landon Bird, Warden of Deuel Vocational Institution, as respondent in this matter pursuant to Rule 2(b) of the Rules Governing Section 2254 Cases. See also Brittingham v. United States, 982 F.2d 378, 379 (9th Cir. 1992). I. Factual and Procedural History Petitioner was…