(HC) Sergio Torres v. Acting Warden

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

SERGIO TORRES, No. 1:20-cv-01001-JLT-CDB (HC)

Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS FIRST AMENDED PETITION

v. FOR WRIT OF HABEAS CORPUS

ACTING WARDEN, (ECF Nos. 31, 34)

Respondent.

13 Petitioner Sergio Torres is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. As the first amended petition was filed outside 28 U.S.C. § 2244(d)(1)’s one-year limitation period, the undersigned recommends dismissing the first amended petition. I. BACKGROUND On June 25, 2020, Petitioner filed a federal petition for writ of habeas corpus in the United States District Court for the Central District of California. (ECF No. 1.) On July 21, 2020, the petition was transferred to the Eastern District. (ECF No. 5.) On August 4, 2020, the Court conducted a preliminary review of the petition, found that it failed to present any cognizable 24 …