Sullivan
(HC) Cole v. Sullivan
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WALTER LEE COLE, No. 2:20-cv-01452 GGH P Petitioner, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
W.J. SULLIVAN, Warden, Respondent. 16 Introduction Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 626(b)(1) and Local Rule 302(c). Pending before the court is respondent’s motion to dismiss on the ground that petitioner is barred by the one-year state of limitations pursuant to 28 U.S.C. § 2244(d). ECF No. 13. Petitioner has filed an opposition. ECF No. 18. After carefully reviewing the filings and applicable legal standards, the court now recommends that the motion to dismiss be granted. Procedural Background On June 13, 2007, petitioner was convicted by a jury trial in Solano County Superior Court for assault by a life prisoner (Cal. Pen. Code §…