Koenig

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GARY PAUL SMITH, No. 1:20-cv-00780-NONE-SAB-HC Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATION, GRANTING

v. RESPONDENT’S MOTION TO DISMISS,

DISMISSING PETITION FOR WRIT OF

KOENIG, HABEAS CORPUS, DIRECTING CLERK OF

COURT TO ASSIGN DISTRICT JUDGE

Respondent. AND CLOSE CASE, AND DECLINING TO

ISSUE A CERTIFICATE OF

APPEALABILITY (Doc. Nos. 9, 11) 18 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On September 22, 2020, the assigned magistrate judge issued findings and recommendation recommending that respondent’s motion to dismiss the petition as untimely be granted. (Doc. No. 11.) The findings and recommendation were served on petitioner and contained notice that any objections thereto were to be filed within thirty (30) days of the date 24 …