(HC) Battle v. David Holbrook

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 6 ARTHUR J.M. BATTLE, III, Case No. 2:20-cv-01851-JAM-JDP (HC) Petitioner, FINDINGS AND RECOMMENDATIONS

THAT RESPONDENT’S MOTION TO

v. DISMISS BE GRANTED DAVID HOLBROOK, OBJECTIONS DUE IN FOURTEEN DAYS Respondent. ECF No. 17 12 Petitioner Arthur Battle is a state prisoner seeking habeas corpus relief under 28 U.S.C. § 2241. ECF No. 7. Respondent has filed a motion to dismiss arguing that the petition is untimely. ECF No. 17. For the reasons stated below, I recommend that respondent’s motion be granted. No habeas rule specifically applies to motions to dismiss. See Hillery v. Pulley, 533 F. Supp. 1189, 1194 (E.D. Cal. 1982) (“Motion practice in habeas corpus is not specifically provided for in the rules but must be inferred from their structure and the Advisory Committee Notes.”). Following an approach taken by other courts in this district, I conclude that Rule 4 of the Rules Governing Section 2254…