Covello

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY DEWAYNE LEE TURNER, No. 2:21-cv-01328-DAD-DMC (HC) 12 Petitioner, 13 v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND GRANTING

14 PATRICK COVELLO, RESPONDENT’S MOTION TO DISMISS 15 Respondent. (Doc. Nos. 15, 32) 16 17 Petitioner Anthony Dewayne Lee Turner is a former state prisoner proceeding pro se and 18 in forma pauperis with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The 19 matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and 20 Local Rule 302. 21 On August 1, 2022, the assigned magistrate judge issued findings and recommendations 22 recommending that respondent’s motion to dismiss (Doc. No. 15) be granted because: (1) 23 petitioner is not in custody and was not in custody when he filed the petition; (2) the pending 24 federal habeas petition is untimely because it challenges a state court judgment entered in 1996 25 and petitioner has not established that he…