(HC)Nieto

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 EDDIE NIETO, ) Case No.: 1:21-cv-1582 JLT HBK (HC) ) 12 Petitioner, ) ORDER CONSTRUING PETITIONER’S ) UNTIMELY OBJECTIONS AS A MOTION FOR 13 v. ) RECONSIDERATION AND DENYING THAT ) MOTION 14 THERESA CISNEROS, ) ) (Doc. 26) 15 Respondent. ) ) 16 )

17 Previously, the Court granted the Respondent’s motion to dismiss the petition as unexhausted. 18 (Doc. 24.) The assigned magistrate judge issued Findings and Recommendations granting the motion 19 to dismiss on July 28, 2022 and ordered Petitioner to file any objections within 14 days. (Doc. 23.) 20 No objections were filed, and the Court issued an order adopting the Findings and Recommendations 21 on October 11, 2022. (Doc. 24.) 22 On October 13, 2022, Petitioner filed an untimely response to the Findings and 23 Recommendations, reporting that he had been in administrative segregation and “had no access to the 24 law library.” (Doc. 26 at 1.) In…