Allison

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANKIE WEISNER, No. 2:23-cv-00662-DAD-AC (HC) Petitioner, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

KATHLEEN ALLISON, THE PENDING HABEAS PETITION AS

UNTIMELY

Respondent. (Doc. Nos. 31, 32) 16 Petitioner Frankie Weisner is a state prisoner proceeding pro se with a petition for a 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 August 19, 2024, the assigned magistrate judge directed petitioner to show cause why the petition should not be dismissed as untimely. (Doc. No. 29.) The magistrate judge observed that petitioner’s judgment of conviction became final on January 16, 2018, but the original petition in this case was not filed until April 10, 2023. (Id. at 7.) On September 16, 2024, petitioner filed a response, which has been styled on the docket as a…