Campbell

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 KIRK T. HARRIS, Case No. 1:23-cv-01765 JLT SKO (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, GRANTING

v. RESPONDENT’S MOTION TO DISMISS,

DISMISSING THE PETITION FOR WRIT OF

T. CAMPBELL, HABEAS CORPUS, AND DIRECTING THE

CLERK OF COURT TO ENTER JUDGMENT

Respondent. AND CLOSE THE CASE

(Doc. 24)

ORDER DECLINING TO ISSUE

CERTIFICATE OF APPEALABILITY

18 Kirk T. Harris is a state prisoner proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, which Respondent moved to dismiss as untimely. (Doc. 18.) The magistrate judge found the petition violates the statute of limitations, because any petition should have been filed no later than September 14, 2014. (Doc. 24 at 3.) The magistrate judge also found Petitioner was not entitled to statutory tolling or equitable tolling. (Id. 3-9.) Thus, the…