Lundy

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KEVIN W. DUNIGAN, Case No. 2:23-cv-02699-TLN-JDP (HC) Petitioner, ORDER v. WITHDRAWING FINDINGS AND

RECOMMENDATIONS FOR FAILURE TO

L. LUNDY, PROSECUTE AND DENYING

PETITIONER’S MOTION FOR

Respondent. EXTENSION OF TIME AS MOOT ECF Nos. 26 & 27 FINDINGS AND RECOMMENDATIONS THAT THE AMENDED PETITION BE

DISMISSED AS UNTIMELY AND FOR

FAILURE TO STATE A COGNIZABLE

CLAIM

20 ECF No. 20

OBJECTIONS DUE IN FOURTEEN DAYS

22 Petitioner, a state prisoner, brings this action under section 2254 and attacks a sentence that appears to have been finalized in 2009. ECF No. 20 at 49. The claim appears beyond the one-year statute of limitations in the Anti-Terrorism and Effective Death Penalty Act (“AEDPA”). Additionally, the petition, which runs to one-hundred and seventy pages with 27 …