Lizzaraga

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JIMMY DON SMITH, No. 2:18-CV-0064-KJM-DMC-P Petitioner, v. ORDER JOE LIZZARAGA, Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254. Pending before the Court is respondent’s motion to dismiss the petition (ECF No. 10) as time bared because it was filed past the one-year statute of limitations period. The matter was referred to a United States Magistrate Judge as provided by Eastern District of California local rules. On May 8, 2019, the magistrate judge filed findings and recommendations, which were served on the parties and which contained notice that the parties may file objections within the time specified therein. Respondent filed timely objections to the findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304(f), this court has conducted a de…