Fisher

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 22 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

PEDRO RODRIGUEZ, No. 22-55658

Petitioner-Appellant, D.C. No. 3:21-cv-01442-BAS-MSB

v.

MEMORANDUM*

FISHER, Officer,

Respondent-Appellee.

Appeal from the United States District Court for the Southern District of California Cynthia A. Bashant, District Judge, Presiding

Submitted February 15, 2024** Pasadena, California

Before: BOGGS,*** NGUYEN, and LEE, Circuit Judges.

Federal prisoner Pedro Rodriguez appeals the district court’s granting of

Respondent Fisher’s motion to dismiss Rodriguez’s federal habeas petition for

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable Danny J. Boggs, Senior Circuit Judge of the United States Court of Appeals for the Sixth Circuit, sitting by designation. untimeliness. We have jurisdiction under 28 U.S.C §§ 1291…