Davey

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NABIL IBN MANLEY, No. 2:17-CV-2686-TLN-DMC-P Petitioner, v. FINDINGS AND RECOMMENDATIONS DAVID DAVEY, 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 (ECF No. 25). 20 I. BACKGROUND A. State Court Proceedings Petitioner Nabil Ibn Manley was convicted in Sacramento Superior Court of four counts of forcible rape, two counts of forcible oral copulation, one count of first-degree robbery, and one count of armed kidnapping to commit robbery. See ECF No. 24, Attach. 1 at 30. On April 10, 1996, petitioner was sentenced to a term of 83 years to life with possibility of parole. See ECF No. 1, pg. 2. The California Court of Appeals affirmed the judgment on September 25, 1997. Id. The California Supreme Court denied review on…