(HC)Hayes

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BLUFFORD HAYES, Jr., No. 2:19-cv-1279-TLN-EFB P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

ROBERT NEUSCHMID, Respondent. 16 Petitioner is a state prisoner proceeding through counsel seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent has filed a motion to dismiss claims 1, 2, 3, 4, 6, 7, and 8 of the amended petition (ECF No. 18) as untimely. ECF No. 19. On February 5, 2020, the court held a hearing on the matter. Attorney Richard Such appeared on behalf of petitioner; Attorney David Eldridge appeared on behalf of respondent. For the reasons stated on the record and summarized below, respondent’s motion to dismiss must be denied.1 ///// 24 1 At the hearing, the court also addressed Mr. Such’s request (ECF No. 20) to be formally 25 appointed by the court as counsel for petitioner. That request is denied. The court may appoint counsel at any stage of the proceedings “if the interests of…