Koenig

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GARY PAUL SMITH, No. 1:20-cv-00780-NONE-SAB-HC 12 Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATION, GRANTING

13 v. RESPONDENT’S MOTION TO DISMISS,

DISMISSING PETITION FOR WRIT OF

14 KOENIG, HABEAS CORPUS, DIRECTING CLERK OF

COURT TO ASSIGN DISTRICT JUDGE

15 Respondent. AND CLOSE CASE, AND DECLINING TO

ISSUE A CERTIFICATE OF

16 APPEALABILITY 17 (Doc. Nos. 9, 11) 18 19 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 20 pursuant to 28 U.S.C. § 2254. On September 22, 2020, the assigned magistrate judge issued 21 findings and recommendation recommending that respondent’s motion to dismiss the petition as 22 untimely be granted. (Doc. No. 11.) The findings and recommendation were served on petitioner 23 and contained notice that any objections thereto were to be filed within thirty (30) days of the date 24 …