Kibler

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANDREY LARSHIN, No. 2:21-cv-0122 TLN KJN P Petitioner, v. FINDINGS AND RECOMMENDATIONS B. KIBLER, Respondent. 16 Petitioner, a state prisoner, proceeds pro se with an application for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On December 1, 2021, petitioner filed a second amended petition. Respondent filed a motion to dismiss this action alleging the petition is untimely, includes unexhausted claims, and includes noncognizable federal claims. As discussed below, respondent’s motion should be partially granted. I. Background On January 13, 2021, petitioner filed the instant action. Petitioner filed an amended petition on February 19, 2021. Respondent moved to dismiss. On October 12, 2021, the court granted petitioner thirty days leave to file a motion to amend, accompanied by a second amended petition, as well as a motion for stay or request to abandon unexhausted claim three. Petitioner…