Becerra

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LUIS ALBERTO ALARCON NAVA, Case No. 1:20-cv-01378-HBK Petitioner, FINDINGS AND RECOMMENDATIONS TO

DISMISS PETITION AS UNTIMELY1

v.

OBJECTIONS DUE IN TWENTY-ONE

XAVIER BECERRA, DAYS Respondent. (Doc. No. 1) 16 17 Petitioner Luis Alberto Alarcon Nava (“petitioner” or “Nava”), a state prisoner, initiated this action by filing a pro se petition for writ of habeas corpus under 28 U.S.C. § 2254 on September 9, 2020. (Doc. No. 1). On December 17, 2020, the court ordered petitioner to show cause why his petition should not be dismissed as untimely. (Doc. No. 11). Petitioner filed a response to the show cause order on December 30, 2020. (Doc. No. 12). For the reasons set forth below, the court recommends the petition be dismissed with prejudice as time barred.

1 This matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 (E.D. Cal. 2019). 2 The Court applies the “prison mailbox rule”…