Tampkins

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICHARD JIMENEZ, Case No. 1:19-cv-00187-NONE-JDP Petitioner, FINDINGS AND RECOMMENDATIONS TO

GRANT RESPONDENT’S MOTION TO

v. DISMISS PETITION AS UNTIMELY TAMPKINS, OBJECTIONS DUE IN FOURTEEN DAYS Respondent. ECF No. 11 16 Petitioner Richard Jimenez, a state prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. On July 12, 2019, respondent moved for dismissal of the petition, arguing that petitioner filed outside the statute of limitations and failed to exhaust some of his federal claims in his state-level petitions. ECF No. 11. On September 20, 2019, petitioner filed an opposition but did not address either the statute of limitations or exhaustion. Id. We find that petitioner filed his petition outside the statute of limitations period and recommend that the court dismiss the petition as untimely. We decline to analyze respondent’s exhaustion…