Bonta

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID DANIEL CEPEDA, No. 2:23-cv-02014-DAD-JDP (HC) Petitioner, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

ROB BONTA, HABEAS PETITION Respondent. (Doc. No. 8) 16 Petitioner David Daniel Cepeda is a former state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On May 7, 2024, the assigned magistrate judge issued findings and recommendations recommending that petitioner’s petition for writ of habeas corpus be dismissed as untimely and failing to state a claim. (Doc. No. 8.) Specifically, the findings and recommendations concluded that petitioner did not state a viable claim under § 2254 because petitioner is not in custody. (Id. at 2.) In addition, the findings and recommendations concluded that petitioner did…