Price

1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 ROY RUSS, CASE NO. 1:18-CV-1154 AWI JDP (HC)

7 Plaintiff

ORDER ADOPTING FINDINGS AND

8 v. RECOMMENDATIONS, ORDER GRANTING MOTION TO DISMISS, and 9 BRANDON PRICE, ORDER DECLINING TO ISSUE

CERTIFICATE OF APPEALABILITY

10 Defendant

11 (Doc. Nos. 24, 29)

12 Petitioner is a civil detainee proceeding pro se with a petition for writ of habeas corpus that 13 is ostensibly brought pursuant to 28 U.S.C. § 2241. On May 15, 2020, the Magistrate Judge issued 14 Findings and Recommendation (“F&R”) that recommended granting Respondent’s motion to 15 dismiss the petition as untimely. See Doc. No. 29. Specifically, the F&R found that the petition 16 was appropriately classified as one brought pursuant to 28 U.S.C. § 2254 and that Petitioner had 17 failed to meet the one year limitations period of 28 U.S.C. § 2244(d). See id. On June 5, 2020, 18 Petitioner filed objections. See Doc. No. 30. 19 In accordance with the provisions of 28…