Asuncion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 THOMAS EUGENE GRAY, No. 1:21-cv-00595-DAD-JLT (HC) Petitioner, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND GRANTING

RAYBON JOHNSON, Warden, RESPONDENT’S MOTION TO DISMISS Respondent. (Doc. Nos. 13, 18) 16 17 Petitioner is a state prisoner proceeding in propria persona 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 August 16, 2021, the assigned magistrate judge issued findings and recommendations recommending that respondent’s motion to dismiss be granted. (Doc. No. 18.) The magistrate judge found that petitioner had filed his pending petition outside of the one-year limitation period imposed by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), that petitioner was not entitled to either statutory or equitable tolling of the statute of…