(HC) Petersen v. Kern County District Attorney

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KYLE PETERSEN, No. 1:19-cv-00975-NONE-JDP Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND GRANTING

v. RESPONDENT’S MOTION TO DISMISS

PETITION

KERN COUNTY DISTRICT ATTORNEY, (Doc. Nos. 18, 32) 15 Respondent.

17 Petitioner Kyle Petersen, a federal prisoner1 proceeding pro se and without counsel, petitioned for the issuance of a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his 2015 no contest plea in state court to possession of child pornography. (Doc. No. 1.) This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On March 20, 2020, respondent moved for dismissal of the pending petition. (Doc. No. 18.) On June 5, 2020, the assigned magistrate judge issued findings and recommendations recommending that respondent’s motion to dismiss be granted because the petition was untimely filed under the applicable…