Pfeiffer

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DOUGLAS M. MARTIN, No. 2:21-cv-0587 KJM KJN P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

CHRISTIAN PFEIFFER, Respondent. 16 Petitioner, a state prisoner, proceeds pro se with an application for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent filed a motion to dismiss this action alleging the petition was filed beyond the one-year statute of limitations (28 U.S.C. § 2244(d)), and contained two unexhausted claims. As set forth below, the undersigned recommends that the motion be granted. I. Petitioner’s Opposition to the Motion to Dismiss Initially, the undersigned addresses petitioner’s opposition to the motion. Background Respondent filed the motion to dismiss on June 7, 2021. Petitioner did not timely oppose the motion. On July 14, 2021, petitioner was ordered to show cause why his failure to oppose the motion should not be deemed a waiver of any opposition to granting…