Gibson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RUBEN HERRERA, JR., No. 1:21-cv-00296-NONE-SKO (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING

PETITION FOR WRIT OF HABEAS

CORPUS, DIRECTING THE CLERK OF

v. COURT TO ASSIGN A DISTRICT JUDGE

FOR PURPOSE OF CLOSING CASE AND

THEN CLOSE CASE, AND DECLINING TO

ISSUE CERTIFICATE OF APPEALABILITY

16 CONNIE GIBSON, (Doc. No. 17) 17 Respondent.

19 Petitioner Ruben Herrera, Jr., is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On June 8, 2021, the assigned magistrate judge issued findings and recommendations recommending that respondent’s motion to dismiss be granted and that the pending petition be dismissed as time–barred under the…