Sherman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRANDON A. EARLE, No. 2:19-cv-2629 KJM DB P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

STU SHERMAN, Respondent. 16 Petitioner is a state prisoner proceeding with a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner challenges the gun-use enhancement imposed on his 2015 convictions for second degree robbery and corporal injury upon a spouse. Before the court is: (1) respondent’s motion to dismiss the petition as untimely or, in the alternative, because petitioner failed to exhaust his state remedies; and (2) petitioner’s motion for the appointment of counsel. For the reasons set forth below, this court will recommend the court dismiss this action for untimeliness. In addition, this court will deny petitioner’s motion for appointment of counsel. BACKGROUND Petitioner plead no contest to second degree robbery and corporal injury upon a spouse. He also…