Brown
Brown v. District Attorney
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRUCE BROWN, Case No. 22-cv-05609-JD
Petitioner,
ORDER RE MOTION TO DISMISS
v. 9 Re: Dkt. Nos. 15, 16 DISTRICT ATTORNEY, Respondent.
12 Bruce Brown, a pro se state prisoner, filed a habeas petition under 28 U.S.C. § 2254. Respondent filed a motion to dismiss on the grounds that the petition is barred by the statute of limitations and is procedurally defaulted. Brown filed an opposition, and respondent filed a reply. The petition is dismissed. STATUTE OF LIMITATIONS The Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) imposes a statute of limitations on petitions for writs of habeas corpus filed by state prisoners. Petitions filed by prisoners challenging noncapital state convictions or sentences must be filed within one year of the latest of the date on which: (A) the judgment became final after the conclusion of direct review or the time passed for seeking direct review; (B) an impediment to filing an application created by …