Scott
Scott v. Cates
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ELLIS BERNARD SCOTT, Case No.: 3:22-cv-1101-RSH-JLB
Petitioner,
ORDER DENYING RESPONDENT’S
v. MOTION TO DISMISS
14 [ECF No. 12] B. CATES, Warden, Respondent.
Petitioner Ellis Bernard Scott (“Petitioner” or “Scott”) is a state prisoner proceeding pro se with a Petition for Writ of Habeas Corpus, pursuant to 28 U.S.C. § 2254, challenging his San Diego County Superior Court conviction for assault in Case No. SCD272793. See ECF No. 1. On January 12, 2023, Respondent Brian Cates, Warden of California Correctional Institution, Tehachapi within the California Department of Corrections and Rehabilitation, moved to dismiss the Petition as barred by the one-year statute of limitations period set forth in 28 U.S.C. § 2244(d)(1). See ECF No. 12. The Court has reviewed the Petition, Respondent’s Motion to Dismiss, the lodgments and supplemental lodgments filed in this…