Sherman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 TOU CHRISTMAS THAO, No. 2:17-cv-2396 MCE AC P Petitioner, v. FINDINGS AND RECOMMENDATIONS STUART SHERMAN, WARDEN, Respondent. 15 Petitioner, a state prisoner proceeding pro se and in forma pauperis, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Before this court is respondent’s motion to dismiss this action. See ECF No. 11. Petitioner has not filed a response. Therefore, the matter is fully briefed. For the reasons stated below, the undersigned will recommend that the motion be granted and that this matter be dismissed as untimely. I. RELEVANT FACTS The petition states that on May 9, 2011, petitioner was convicted of assault with a firearm in violation of California Penal Code § 245(a)(2). See ECF No. 1 at 2. Gun and gang enhancements under…