(HC) Harris v. Montgomery

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PATRICK DARNELL HARRIS, No. 1:19-cv-01430-DAD-SKO Petitioner, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND GRANTING

WARREN L. MONTGOMERY, RESPONDENT’S MOTION TO DISMISS Respondent. (Doc. Nos. 12, 22.) 16 Petitioner Patrick Darnell Harris is a state prisoner proceeding with counsel with a petition for writ of habeas corpus brought pursuant to 28 U.S.C. § 2254. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rules 302 and 304. On December 12, 2019, respondent filed a motion to dismiss the petition as untimely pursuant to 28 U.S.C. § 2244(d). (Doc. No. 12 at 3.) Petitioner filed an opposition to respondent’s motion on January 21, 2020. (Doc. No. 16.) On March 10, 2020, respondent filed a reply thereto. (Doc. No. 21.) On March 16, 2020, the assigned magistrate judge issued findings and recommendations recommending that…