Baughman

(HC) Arismendez v. Baughman

Good Law
United States District Court, Eastern District of CaliforniaMarch 4, 20212:17-cv-00792California3,156 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROLANDO ARISMENDEZ, No. 2:17-cv-00792-MCE-CKD P Petitioner, v. FINDINGS AND RECOMMENDATIONS DAVID BAUGHMAN, Respondent. 16 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 the amended federal habeas corpus petition on the basis that it is barred by the statute of limitations. ECF No. 34. For the reasons discussed below, the court recommends that the motion to dismiss be granted and petitioner’s amended application for federal habeas corpus relief be dismissed with prejudice. I. Factual and Procedural History Petitioner was convicted following a jury trial in the Yolo County Superior Court of attempted premeditated murder, criminal street gang activity, possession of a firearm by a person previously convicted of criminal street gang activity, felon in possession of a firearm, and…

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