Robinson

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHRISTOPHER NIX, No. 2:21-CV-0659-WBS-DMC-P Petitioner, v. FINDINGS AND RECOMMENDATIONS JIM ROBINSON, Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the Court is Respondent’s motion to dismiss, ECF No. 13. Petitioner has not filed an opposition. This action proceeds on Petitioner’s first amended petition raising four claims for relief. See ECF No. 7. Respondent argues that Petitioner’s third and fourth claims must be dismissed because they were filed beyond the one-year statue of limitations. See ECF No. 13. Respondent also argues the fourth claim should be dismissed because it is unexhausted. See id. Pursuant to Eastern District of California Local Rule 230(c), the Court construes Petitioner’s failure to file an opposition to Respondent’s motion as consent to the relief requested. / / /…