Matteson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ARMANDO E. HERRERA, Case No. 1:19-cv-01150-NONE-HBK Petitioner, FINDINGS AND RECOMMENDATIONS TO

DISMISS UNTIMELY CLAIMS1

v. 14-DAY OBJECTION PERIOD ROBERT NOUSHMEN, (Doc. No. 24) Respondent. 16 17 18 19 Pending before the Court is Respondent’s motion to dismiss filed May 10, 2021. (Doc. No. 24). Respondent moves for dismissal of grounds two and three of Petitioner’s Amended Petition on the basis that these grounds are time-barred. (Id.). Petitioner filed a response to the motion to dismiss. (Doc. No. 27). Upon review of the pleadings and applicable law, the undersigned finds grounds two and three of the Amended Petition do not relate back to the original Petition and are untimely. Accordingly, the undersigned recommends Respondent’s motion to dismiss grounds two and three of the Amended Petition be granted. 27 1 This matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 (E.D. Cal. 2019). …