Koenig

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

DANIEL RIVAS, ) Case No.: 1:21-cv-00309-DAD-JLT (HC) ) Petitioner, ) FINDINGS AND RECOMMENDATIONS TO ) GRANT RESPONDENT’S MOTION TO DISMISS v. ) ) (Doc. 11) CRAIG KOENIG, Warden, Soledad State ) Prison, Respondent. ) [THIRTY DAY OBJECTION DEADLINE] ) )

On March 2, 2021, Petitioner filed the instant federal petition for writ of habeas corpus. (Doc. 1.) The Respondent has moved the Court to dismiss the action as untimely and for failure to exhaust state remedies. (Doc. 11.) Petitioner filed an opposition on July 16, 2021. (Doc. 14.) On August 25, 2021, Respondent filed a reply. (Doc. 17.) For the following reasons, 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 25…