Koenig
(HC) Davis v. Koenig
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIS DAVIS, No. 2:19-CV-2199-WBS-DMC-P Petitioner, v. FINDINGS AND RECOMMENDATIONS CRAIG KOENIG, Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the Court is Respondent’s motion to dismiss. See ECF No. 16. Petitioner has filed an opposition. See ECF No. 17. Respondent has not filed a reply. Respondent argues the petition must be dismissed as second or successive. Respondent also argues Petitioner’s claims are either untimely or not cognizable. / / / / / / / / / / / / / / / / / / / / / I. BACKGROUND A. State Court On October 6, 1997, Petitioner, who at the time was a juvenile, was convicted of second-degree murder and sentenced to 15 years to life in state prison. See ECF No. 9, pg. 1. Petitioner did not appeal. See id. …