(HC) Marquez v. Lynch

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 LAZARUS DANIEL MARQUEZ, No. 1:22-cv-00896-KES-EPG (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, GRANTING

v. RESPONDENT’S MOTION TO DISMISS,

DISMISSING PETITION FOR WRIT OF

JEFF LYNCH, HABEAS CORPUS, DIRECTING CLERK OF

COURT TO CLOSE CASE, AND

Respondent. DECLINING TO ISSUE A CERTIFICATE OF

APPEALABILITY

15 (Docs. 10, 25)

17 Petitioner Lazarus Daniel Marquez is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On August 11, 2023, the assigned magistrate judge issued findings and recommendations that recommended granting Respondent’s motion to dismiss and dismissing the petition as untimely. Doc. 25. On September 8, 2023, Petitioner filed timely objections. Doc. 26. In accordance with the provisions…