Martinez

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA 7 8 JASON CHARLES KOPP, Case No. 2:22-cv-00280-TLN-JDP (HC) 9 Petitioner, FINDINGS AND RECOMMENDATIONS

THAT RESPONDENT’S MOTION TO

10 v. DISMISS BE GRANTED 11 MARTINEZ, OBJECTIONS DUE IN FOURTEEN DAYS 12 Respondent. ECF No. 9 13 14 Petitioner Jason Charles Kopp, a state prisoner, filed a petition for a writ of habeas corpus 15 under 28 U.S.C. § 2254. Respondent moves to dismiss the petition, ECF No. 9, arguing that it is 16 time-barred and, separately, that two of the claims are unexhausted. I find that the petition is 17 time-barred and recommend dismissal on that basis. 18 No habeas rule specifically applies to motions to dismiss. See Hillery v. Pulley, 533 F. 19 Supp. 1189, 1194 (E.D. Cal. 1982) (“Motion practice in habeas corpus is not specifically 20 provided for in the rules but must be inferred from their structure and the Advisory Committee 21 Notes.”). The Ninth Circuit construes a motion to dismiss a habeas petition as…