Bloomfield

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ELLIS CLAY HOLLIS, No. 2:22-CV-1052-WBS-DMC-P Petitioner, v. FINDINGS AND RECOMMENDATIONS RONALD BLOOMFIELD, Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the Court is Respondent’s unopposed motion to dismiss. See ECF No. 9. Respondent argues this case must be dismissed because: (1) it is a second of successive habeas petition filed without prior leave of the Ninth Circuit Court of Appeals; and (2) the petition is untimely. See id. Pursuant to Eastern District of California Local Rule 23(c), (l), the Court may construe the failure to file an opposition to a motion as consent to the relief requested. Here, Petitioner had not filed an opposition within the time provided by the Local Rules and on December 14, 2022, the Court issued a minute order advising that failure to oppose the motion…