Costelo

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 8 WILLIAM BARTON, Case No. 2:22-cv-00904-JDP (HC) Petitioner, ORDER THAT: v. (1) THE CLERK OF COURT ASSIGN A

DISTRICT JUDGE TO RULE ON THESE

JOSE COSTELO, FINDINGS AND RECOMMENDATIONS Respondent. (2) PETITIONER’S SECOND APPLICATION

TO PROCEED IN FORMA PAUPERIS BE

GRANTEDAND HIS FIRST BE DENIED AS

MOOT

FINDINGS AND RECOMMENDATIONS

THAT THE PETITION BE DISMISSED AS

TIME-BARRED

17 ECF Nos. 5,7, & 9 18 Petitioner, proceeding without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. He alleges that a guilty plea that led to a 1976 murder conviction was not voluntary and intelligent. ECF No. 1 at 1, 4. This claim is time-barred and should be dismissed. I will also grant petitioner’s second application to proceed in forma pauperis, ECF No. 7, and deny his first, ECF No. 5, as moot. The petition is before me…