(HC) Hollingshead v. Smith

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SCOTT HOLLINGSHEAD, No. 2:22-cv-1228 DAD KJN P Petitioner, v. ORDER and FINDINGS AND

RECOMMENDATIONS

STEPHEN SMITH,1 Respondent. 16 Petitioner is a state prisoner, proceeding pro se, with an application for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent filed a motion to dismiss this action because it was filed beyond the one-year statute of limitations (28 U.S.C. § 2244(d)). The fully briefed motion is now before the court. As discussed below, respondent’s motion should be granted, and this action be dismissed. I. Chronology On February 26, 2016, petitioner was convicted of first degree murder with a lying-in-wait special circumstance and shooting at an occupied vehicle, along with enhancements found true by the jury. (ECF Nos. 23-1, 23-2.) Petitioner was sentenced to an indeterminate term of life without the possibility of parole plus 25 years to life. (ECF Nos. 23-1, 23-2.) 27 Stephen…