Sherman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MANUEL MARTINEZ, No. 1:20-cv-00334-DAD-JLT Plaintiff, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING

SHERMAN, PETITION, AND DECLINING TO ISSUE

CERTIFICATE OF APPEALABILITY

Defendant. (Doc. No. 8)

17 Petitioner Manuel Martinez is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On April 1, 2020, the assigned magistrate judge issued findings and recommendations recommending that the petition be summarily dismissed because it fails to raise a cognizable claim for federal habeas relief and petitioner’s first and third claims for relief are barred by the applicable statute of limitations. (Doc. No. 8). The findings and recommendations were served upon petitioner and contained notice that…