Stroud

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DAVID L. STROUD, Case No.: 19cv1047-GPC(KSC)

Petitioner,

REPORT AND RECOMMENDA-

v. TION RE RESPONDENT’S MOTION TO DISMISS [Doc. No. 10] RAYMOND MADDEN, Warden, Respondent. 16 Petitioner David L. Stroud, a state prisoner proceeding pro se and in forma pauperis, has filed a Petition for Writ of Habeas Corpus pursuant to Title 28, United States Code, Section 2254, challenging his sentence in Riverside Superior Court Case No. RIF81741. [Doc. No. 1, at p. 3.] Before the Court is respondent’s Motion to Dismiss the Petition [Doc. No. 10] and petitioner’s Opposition thereto [Doc. No. 14]. In the Motion to Dismiss, respondent argues that the District Court should dismiss the Petition, because it is untimely based on the one-year statute of limitations in Title 28, United States Code, Section 2244(d). [Doc. No. 10-1, at pp. 3-8.] Respondent also contends that the Petition…