Mendoza
Mendoza v. Pollard
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ROBERT A. MENDOZA, Case No.: 3:20-cv-0847-GPC-RBB
Petitioner,
ORDER DENYING PETITIONER’S
MARCUS POLLARD, Warden, MOTION FOR
RECONSIDERATION
Respondent. [DKT. NO. 37.] 16 Before the Court is Plaintiff’s motion for reconsideration of the Court’s order adopting report and recommendation (“Report”) and granting Respondent’s motion to dismiss petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 as untimely under Federal Rule of Civil Procedure 59(e). (Dkt. No. 37.) In its order, the Court found that the petition was barred by AEDPA’s1 one-year statute of limitations and Petitioner was not entitled to statutory tolling because the limitations period expired before statutory tolling could apply to his state habeas petitions and he had not demonstrated equitable tolling. (Id.) Discussion Federal Rule of Civil Procedure (“Rule”) 59(e)…