(HC) Marquez v. Lynch

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

LAZARUS DANIEL MARQUEZ, Case No. 1:22-cv-00896-ADA-EPG-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

GRANT RESPONDENT’S MOTION TO

v. DISMISS AND DISMISS PETITION FOR

WRIT OF HABEAS CORPUS

JEFF LYNCH, (ECF No. 10) Respondent.

15 Petitioner Lazarus Daniel Marquez is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. As the instant petition was filed outside 28 U.S.C. § 2244(d)(1)’s one-year limitation period, the undersigned recommends granting Respondent’s motion to dismiss and dismissing the petition as untimely. I. BACKGROUND On June 2, 2017, Petitioner was convicted by a jury in the Tulare County Superior Court of second-degree robbery, two counts of dissuading a witness, identity theft, assault with a firearm, carjacking, kidnapping, and various firearm enhancements. Petitioner was sentenced to an indeterminate imprisonment term of life plus…