Covello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAJKO BARBIR, Case No. 2:24-cv-2284-JDP (P) Petitioner, v. ORDER; FINDINGS AND

RECOMMENDATIONS

PATRICK COVELLO, Respondent. 16 17 Petitioner, a state prisoner, brings this action under section 2254. I found that the initial petition appeared untimely, and offered petitioner an opportunity to amend and explain why his claims should proceed. Petitioner filed an amended petition, ECF No. 7, that does nothing to ameliorate the obvious untimeliness of his claims. Accordingly, I now recommend that the action be dismissed. The petition is before me for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases. Under Rule 4, the judge assigned to the habeas proceeding must examine the habeas petition and order a response to the petition unless it “plainly appears” that the petitioner is not entitled to relief. See Valdez v. Montgomery, 918 F.3d 687, 693 (9th Cir. 2019); Boyd v. Thompson, 147 F.3d 1124,…