Cineros

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LARRY ALONZO CHATMAN, No. 2: 21-cv-0570 JAM KJN P Petitioner, v. ORDER AND FINDINGS &

RECOMMENDATIONS

THERESA CINEROS, Respondent. 16 Petitioner, a former 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 lacks federal subject matter jurisdiction and was filed beyond the one-year statute of limitations. As set forth below, the undersigned recommends that the motion be granted for lack of subject matter jurisdiction, but denied on the statute of limitations grounds. I. Motion to Dismiss - Statute of Limitations 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…