Thompson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TIMOTHY DAVID SEMONES, No. 2:21-cv-01943 KJM DB P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

PAUL THOMPSON, Respondent. 16 Petitioner is a former state prisoner proceeding pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Presently before the court is respondent’s motion to dismiss the petition as untimely and for failure to comply with exhaustion requirements. (ECF No. 7.) For the reasons stated below, the undersigned will recommend that this action be dismissed. The court will also deny respondent’s motion to dismiss (ECF No. 7) as moot. I. Procedural History This action was initiated on September 25, 2021 when petitioner filed a petition for writ of habeas seeking time credits under the First Step Act of 2018. (ECF No. 1.) Following screening, service was completed on May 25, 2022. (ECF Nos. 5, 6.) On July 25, 2022, respondent filed the present motion to…