Robinson

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSÉ MORENO, No. 2:21-CV-1757-KMJ-DMC-P Petitioner,

v. FINDINGS AND RECOMMENDATIONS JIM ROBINSON, Respondent. 16 Petitioner, a former state prisoner proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254. Pending before the Court is Respondent’s motion to dismiss, ECF No. 12. In his motion to dismiss, Respondent argues the petition must be dismissed with prejudice as untimely. Respondent’s motion is supported by the state court record, which has been lodged at ECF No. 13. For the reasons discussed below, the Court agrees that the petition is untimely. / / / / / / / / / / / / / / / / / / I. BACKGROUND1 A. Conviction and Direct Review On December 3, 2012, in case number 10F06494, Petitioner was convicted after a jury trial of eleven counts of first-degree burglary, three counts of unauthorized computer…