Matteson

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

ARMANDO E. HERRERA, ) Case No.: 1:19-cv-1150 JLT HBK (HC) ) Petitioner, ) ORDER ADOPTING THE FINDINGS AND ) RECOMMENDATIONS GRANTNG v. ) RESPONDENT’S MOTION TO DISMISS ) GROUNDS TWO AND THREE FROM THE FIRST GISELLE MATTESON, ) AMENDED PETITION ) Respondent. ) (Docs. 24, 29) ) )

Armando E. Herrera is a state prisoner proceeding pro se with an amended petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (Doc. 20.) Petitioner identifies the following grounds for relief in his Amended Petition: (1) insufficiency of the evidence; (2) trial court error for refusing to bifurcate the gang allegations; and (3) due process violations stemming from the trial court destruction of records necessary for appellate review. (See Doc. 20 at 7-15.) Respondent moved to dismiss grounds two and three as untimely. (Doc. 24.) On November 16, 2021, the magistrate judge issued…