Jones

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHARLES EMMETT AVITT, No. 2:24-cv-1783 WBS AC P Petitioner, v. FINDINGS AND RECOMMENDATIONS GENA JONES, Respondent. 16 Petitioner, a state prisoner proceeding without counsel, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In the instant petition, petitioner challenges his 1992 conviction for first degree murder with special circumstance in San Joaquin County Superior Court. ECF No. 1 at 1. Pending before the court is respondent’s motion to dismiss the habeas petition as successive and untimely. ECF No. 14. Despite two extensions of time on plaintiff’s motion, and a separate court order providing petitioner with an additional time to file an opposition or statement of non-opposition to respondent’s motion to dismiss, see ECF Nos. 17, 19, 21, petitioner has failed to do so. Based on the review of the motion to dismiss, the court recommends respondent’s motion be granted and the…