Pickett

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

10 DERRIC MEREDITH RICK GENE No. 1:20-cv-00153-NONE-JLT (HC)

STITT,

ORDER ADOPTING FINDINGS AND

Petitioner, RECOMMENDATIONS, GRANTING

RESPONDENT’S MOTION TO DISMISS,

v. DISMISSING PETITION FOR WRIT OF

HABEAS CORPUS, DIRECTING CLERK OF

COURT TO ENTER JUDGMENT AND

JASON PICKETT, CLOSE CASE AND DECLINING TO ISSUE

CERTIFICATE OF APPEALABILITY

15 Respondent. (Doc. Nos. 15, 17)

17 18 Petitioner is a state prisoner proceeding in propria persona with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On May 20, 2020, the assigned magistrate judge issued findings and recommendations recommending that respondent’s motion to dismiss the pending petition be granted, reasoning that the petition was untimely and that the record did not suggest that petitioner was entitled to either statutory or equitable tolling of the applicable statute of limitations. (Doc. No. 17.) The findings and recommendations were served upon all parties and…