The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
ORDER AND FINDINGS AND RECOMMENDATIONS
Petitioner is a state prisoner, proceeding without counsel. Petitioner filed an application for petition of writ of habeas corpus pursuant to 28 U.S.C. § 2254. At the time of filing, petitioner was housed at California State Prison-Solano ("CSP-SOL"). Pending before the court is respondent's motion to dismiss the habeas petition as barred by the statute of limitations. For the reasons set forth below, respondent's motion should be granted.
On April 24, 1996, the Antiterrorism and Effective Death Penalty Act ("AEDPA") was enacted. Section 2244(d)(1) of Title 8 of the United States Code provides:
A 1-year period of limitation shall apply to an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court. The limitation period shall run from the latest of (A) the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review;
(B) the date on which the impediment to filing an application created by State action in violation of the Constitution or laws of the United States is removed, if the applicant was prevented from filing by such State action;
(C) the date on which the constitutional right asserted was initially recognized by the Supreme Court, if the right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or
(D) the date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence.
28 U.S.C. § 2244(d)(1). Section 2244(d)(2) provides that "the time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward" the limitations period. 28 U.S.C. § 2244(d)(2).
For purposes of the statute of limitations analysis, the relevant chronology of this case is as follows:
1. On June 25, 2009, in the San Joaquin County Superior Court, petitioner was convicted of premeditated attempted murder, inflicting corporal injury on a spouse, and assault by force likely to produce great bodily injury. (Respondent's Lodged Document ("LD") 1.) A number of sentencing enhancements were found true. On July 20, 2009, petitioner was sentenced to state prison on the attempted murder conviction for a determinate term of ten years, followed by an indeterminate term of fourteen years to life. (LD 1; 3 at 2.) The court stayed punishment on the two remaining charges under California Penal Code § 654. (LD 3 at 2.)
2. Petitioner filed an appeal. On February 16, 2011, the California Court of Appeal, Third Appellate District, affirmed petitioner's conviction, but modified the judgment to correct sentencing errors. (LD 2.)
3. Petitioner filed a petition for review in the California Supreme Court, which was denied without ...