Price

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

Plaintiff

ORDER ADOPTING FINDINGS AND

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

CERTIFICATE OF APPEALABILITY

Defendant

(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…