Allison

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LUIS ALBERTO VALENCIA PINEDA, No. 1:19-cv-00260-DAD-EPG (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATION, GRANTING

v. RESPONDENT’S MOTION TO DISMISS,

DISMISSING PETITION FOR WRIT OF

KATHLEEN ALLISON, HABEAS CORPUS, DIRECTING CLERK OF

COURT TO CLOSE CASE, AND

Respondent. DECLINING TO ISSUE CERTIFICATE OF

APPEALABILITY

16 (Doc. No. 28) 17 Petitioner Luis Alberto Valencia Pineda 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 February 14, 2020, the assigned magistrate judge issued the pending findings and recommendations, recommending that the petition be dismissed as untimely. (Doc. No. 28.) Specifically, the magistrate judge found that the instant petition was filed after the applicable one-…