Pallares

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TRINITY METTS-MONTEZ, No. 2:21-cv-0400 JAM KJN P Petitioner, v. FINDINGS AND RECOMMENDATIONS MICHAEL PALLARES, 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, and claim three fails to state a cognizable federal claim. As set forth below, the undersigned recommends that the motion be granted. I. Motion to Dismiss A. Standards Governing 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 face of the petition and any exhibits annexed to it that the petitioner is not entitled to relief in the district court. . . .” Id. The Court of Appeals for the Ninth Circuit has referred to a respondent’s motion to…