Kibler

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANDREY LARSHIN, No. 2:21-cv-0122 JAM KJN P Petitioner, v. ORDER B. KIBLER,1 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 successive, untimely, included an unexhausted claim, and failed to raise a cognizable federal claim. On September 9, 2021, respondent withdrew the argument that the instant petition was successive.2 On April 11, 2019, petitioner filed a petition for writ of habeas corpus in the California Supreme Court. (ECF No. 16-18 (Lodged Document (“LD”) 15).) The petition was pending at 24 Brian Kibler, current warden of High Desert State Prison where petitioner is currently housed, 25 is substituted as respondent in this action. Fed. R. Civ. P. 25(d).

26 The parties agree that petitioner received a new judgment that corrected his award of 27…