(HC) Licciardi v. Johnson
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT LOUIS LICCIARDI, Case No. 2:22-cv-00265-KJM-JDP (HC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS
THAT RESPONDENT’S MOTION TO
13 v. DISMISS BE GRANTED 14 JOHNSON, ECF No. 11 15 Defendant. OBJECTIONS DUE IN FOURTEEN DAYS 16 ORDER DENYING PETITIONER’S MOTION
FOR AN EVIDENTIARY HEARING
17 ECF No. 16 18 19 Petitioner, proceeding without counsel, seeks a writ of habeas corpus under 20 28 U.S.C. § 2254. Respondent moves to dismiss arguing that petitioner’s claim is untimely. I 21 agree that petitioner’s claim is time-barred and not subject to tolling. Accordingly, I recommend 22 that his petition be dismissed. 23 No habeas rule specifically applies to motions to dismiss. See Hillery v. Pulley, 533 F. 24 Supp. 1189, 1194 (E.D. Cal. 1982) (“Motion practice in habeas corpus is not specifically 25 provided for in the rules but must be inferred from their structure and the Advisory Committee…