Allen

(HC) Ramirez v. Allen

Good Law
United States District Court, Eastern District of CaliforniaJanuary 26, 20231:22-cv-01060California1,359 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 PETER TORRES RAMIREZ, ) Case No.: 1:22-cv-01060-AWI-SKO (HC) ) Petitioner, ) FINDINGS AND RECOMMENDATIONS TO ) GRANT RESPONDENT’S MOTION TO DISMISS v. ) [Doc. 20] TRENT ALLEN, Warden, ) ) [TWENTY-ONE DAY OBJECTION PERIOD] Respondent. ) ) )

17 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner filed his petition in this Court on August 14, 2022. (Doc. 1.) On December 2, 2022, Respondent filed a motion to dismiss contending that the petition violates the statute of limitations. (Doc. 20.) Petitioner did not file an opposition. Upon review of the pleadings, the Court finds that the petition violates the statute of limitations. The Court will therefore recommend that Respondent’s motion to dismiss be granted and the petition be dismissed with prejudice. 25 26 1 Although the…

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