Cueva

(HC) Reed v. Cueva

Good Law
United States District Court, Eastern District of CaliforniaAugust 10, 20222:21-cv-01402California2,949 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHARLES C. REED, No. 2:21-cv-1402 WBS DB P Petitioner, v. FINDINGS AND RECOMMENDATIONS DANIEL CUEVA, Respondent. 16 Petitioner, a state prisoner proceeding without counsel, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner seeks relief pertaining to his 2017 arson conviction in the Sacramento County Superior Court. (ECF No. 1.) Respondent has moved to dismiss the petition as untimely. (ECF No. 14.) The undersigned agrees the petition is untimely and recommends the court grant the motion to dismiss. I. Procedural Background On September 21, 2017, a jury convicted petitioner of arson of a structure and forest land. (Lodged Documents, (“Lod. Doc.”) 1, ECF No. 15-1.) The Sacramento County Superior Court sentenced petitioner to a determinate state prison term of ten years. (Lodged Documents, ECF No. 15 (Lod. Doc. 2, ECF No. 15-2.) On February 26, 2019, the California Court of Appeal…

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