Opinion
No. CIV S-05-1597 LKK PAN P.
August 29, 2006
ORDER AND FINDINGS AND RECOMMENDATIONS
Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2000 conviction on multiple state law criminal charges, claiming violation of his constitutional rights by (1) admission of "fundamentally unfair expert witness testimony;" (2) prosecutorial misconduct; (3) ineffective assistance of counsel; and (4) cumulative errors rising to the level of a violation of due process.
On October 5, 2005, respondent moved to dismiss this action as barred by the statute of limitations. On May 5, 2006, this court issued findings and recommendations recommending that the motion be granted. Thereafter, petitioner filed objections to the findings and recommendations in which he raised for the first time a claim of entitlement to equitable tolling of the limitation period. By order filed June 13, 2006, respondent was given a period of fifteen days in which to respond to petitioner's objections, and petitioner was given a period of ten days thereafter in which to file a reply brief. The parties have now filed their respective briefs in accordance with the June 13, 2