Horn

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KEITH W. CANDLER, No. 2:24-cv-3026 DAD CSK P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 PAT HORN, 15 Respondent. 16 17 Petitioner is a state prisoner, proceeding without counsel and in forma pauperis. Petitioner 18 filed a petition of writ of habeas corpus pursuant to 28 U.S.C. § 2254, and is serving an 19 indeterminate sentence of seven years to life in state prison. (ECF No. 1 at 14.) Petitioner 20 challenges a prison disciplinary violation for possession of a deadly weapon. Pending before the 21 Court is respondent’s motion to dismiss the habeas petition for failure to state a federal habeas 22 claim, and in the alternative, respondent contends that even if petitioner stated a cognizable 23 habeas claim, the petition is barred by the statute of limitations. For the reasons set forth below, 24 respondent’s motion should be granted, and the petition dismissed for lack of habeas jurisdiction. 25 I. LEGAL STANDARDS 26 A respondent’s motion…