Pickett

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

DERRIC MEREDITH RICK GENE STITT, ) Case No.: 1:20-cv-00153-NONE-JLT (HC) ) Petitioner, ) FINDINGS AND RECOMMENDATION TO ) GRANT RESPONDENT’S MOTION TO DISMISS v. ) ) (Doc. 15) M. SPEARMAN, Warden, ) Respondent. ) TWENTY-ONE DAY OBJECTION DEADLINE ) )

On December 17, 2019, Petitioner filed the instant federal petition for writ of habeas corpus. (Doc. 1.) The United States District Court for the Northern District of California transferred the case to this Court on January 29, 2020. (Doc. 5.) The Respondent has moved the Court to dismiss the action as untimely. (Doc. 15.) The Court finds the petition to be untimely and recommends that it be DISMISSED with prejudice. DISCUSSION I. Procedural Grounds for Motion to Dismiss Rule 4 of the Rules Governing Section 2254 Cases allows a district court to dismiss a petition if it “plainly appears from the petition and any…