(HC) McPherson v. St. Andre

Good Law
United States District Court, Eastern District of CaliforniaNovember 2, 20232:23-cv-01014California2,389 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL BRUCE ANTHONY No. 2:23-cv-1014 WBS KJN P

MCPHERSON,

12 Petitioner, ORDER AND FINDINGS AND v. RECOMMENDATIONS

ROB ST. ANDRE,

15 Respondent.

17 Petitioner, a state prisoner, proceeds 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 alleging the petition was filed beyond the one-year statute of limitations. 28 U.S.C. § 2244(d). As set forth below, the undersigned recommends that the motion be granted. I. No Substantive Opposition On August 23, 2023, respondent filed the motion to dismiss. (ECF No. 26.) On October 27, 2023, petitioner filed a document styled, “Pleading to William B. Shubb.” (ECF No. 53.) In this filing, petitioner claims that the court is “disrespecting” his petition, and contends he has

The Warden of High Desert State Prison is substituted as respondent in this matter. Fed. R. Civ. P. 25(d); see…

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