Asuncion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

THOMAS EUGENE GRAY, ) Case No.: 1:21-cv-00595-DAD-JLT (HC) ) Petitioner, ) FINDINGS AND RECOMMENDATIONS TO ) GRANT RESPONDENT’S MOTION TO DISMISS v. ) ) (Doc. 13) RAYBON JOHNSON, Warden, ) Respondent. ) [TWENTY-ONE DAY OBJECTION DEADLINE] ) )

On April 8, 2021, Petitioner filed the instant federal petition for writ of habeas corpus (Doc. 1) and filed a first amended petition on May 3, 2021 (Doc. 8). The Respondent has moved the Court to dismiss the action as untimely and for failure to state a cognizable federal claim. (Doc. 13.) The Court recommends that the motion to dismiss be GRANTED and the petition be DISMISSED. DISCUSSION I. Procedural Grounds for Motion to Dismiss Rule 4 of the Rules Governing Section 2254 Cases allows a district court to dismiss a petition if it “plainly appears from the petition and any attached exhibits that the petitioner is…