Kevin B. Mam v. Stu Sherman

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

WESTERN DIVISION

KEVIN B. MAM, Case No. CV 20-0057-ODW (DFM) Petitioner, ORDER SUMMARILY DISMISSING

PETITION

V.

STU SHERMAN,

Respondent.

I BACKGROUND

On January 3, 2020, Kevin B. Mam (‘Petitioner’) filed a Petition for Writ of Habeas Corpus by a Person in State Custody under 28 U.S.C. § 2254. See Dkt. 1 (“Petition”). Because Petitioner’s underlying conviction occurred in 2005, the Court ordered Petitioner to show cause why the Petition should not be dismissed as untimely. See Dkt. 4. Petitioner did not respond, and the Court now recommends that the Petition be summarily dismissed. Il. ANALYSIS A. The Petition Is Untimely Under the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), a one-year limitation period applies to a federal petition for writ of habeas corpus filed by a person in state custody. See 28 U.S.C. § 2244(d)(1). The one-year period begins on the latest of four dates:

(A) the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review; (B) the date on which the…