Sherman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JACOB FISHER, Case No. 2:18-cv-02725-WBS-JDP (HC) Petitioner, FINDINGS AND RECOMMENDATIONS

THAT RESPONDENT’S MOTION TO

v. DISMISS BE GRANTED KEN CLARK, OBJECTIONS DUE IN FOURTEEN DAYS Respondent. ECF No. 39 16 Petitioner Jacob Fisher is a state prisoner seeking habeas corpus relief under 28 U.S.C. § 2241. On September 23, 2019, petitioner was granted a stay under Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003), and permitted to return to state court to exhaust his ineffective assistance of counsel claims. ECF No. 21 at 2. On April 9, 2021, Petitioner filed a third amended petition containing various ineffective assistance of counsel claims, ECF No. 35 at 4-5, and a claim that the trial court erred in allowing the introduction of text messages that petitioner had sent the victim, id. at 3. Respondent has moved to dismiss the ineffective assistance claims as untimely. ECF No. 39. That…