Neuschmid

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANCOIS P. GIVENS, No. 2:17-cv-0328 KJM CKD P Petitioner, v. FINDINGS AND RECOMMENDATIONS ROBERT NEUSCHMID, Respondent. 16 Petitioner is proceeding in this action pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent filed a motion to dismiss on June 1, 2018 arguing that the petition is time-barred. On February 8, 2019, the court recommended that the motion be denied. On March 29, 2019, the district court judge assigned to this case elected not to adopt the court’s recommendation: In light of the issues raised by respondent’s objections and the lack of cited authority or explanation for the “materially different” standard used in the findings and recommendations, Findings at 4, the matter is referred back to the magistrate judge for further consideration and explanation. “[M]aterially different” appearing on page 4 of the findings and…