Atchley

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GRANVAL G. HUNTER-HARRISON, No. 2:20-cv-00592-WBS-CKD P

JR.,

12 Petitioner, FINDINGS AND RECOMMENDATIONS v.

M. ATCHLEY,

15 Respondent. 16 Petitioner is a state prisoner proceeding pro se in this federal habeas corpus action filed pursuant to 28 U.S.C. § 2254. Pending before the court is respondent’s motion to dismiss claims 1 and 3-6 of the first amended federal habeas corpus petition on the basis that they are barred by the statute of limitations. ECF No. 35. For the reasons discussed below, the court recommends that the partial motion to dismiss be granted. I. Factual and Procedural History Petitioner entered a negotiated no contest plea in the Sacramento County Superior Court to two counts of assault with a semi-automatic firearm which involved a dispute over a motorbike. ECF No. 1 at 1; see also ECF No. 13-2 (Direct Appeal Opinion). As part of his plea, petitioner admitted to the firearms enhancements as well as a strike prior allegation. …