Gastelo

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM RAY BARTON, Case No. 2:21-cv-01933-JDP (HC) Petitioner, ORDER DIRECTING THE CLERK OF

COURT TO ASSIGN A DISTRICT JUDGE

v. TO THIS ACTION JOSIE GASTELO, FINDINGS AND RECOMMENDATIONS

THAT THE SECOND AMENDED PETITION

Respondent. BE DISMISSED AS TIME-BARRED ECF No. 10 17 Petitioner, proceeding without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. After reviewing his previous petition, ECF No. 1, I found that his claims were time- barred because his conviction was finalized in 1976. ECF No. 9. I gave petitioner an opportunity to amend and to explain why his claims should proceed. He filed two amended petitions, ECF Nos. 8 & 10. The second supersedes the first, but I have considered both. Petitioner has not shown why his time-barred claims should proceed, and I will recommend that his petition be dismissed without leave to amend. …