Covello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID WILLIAM DINGLE, No. 2:22-cv-02098-KJM-CKD P Petitioner, v. FINDINGS AND RECOMMENDATIONS PATRICK COVELLO, Respondent.1 16 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On December 14, 2022, the court ordered the petition served on respondent and directed a response to be filed within 60 days. ECF No. 5. Respondent filed a motion to dismiss on February 10, 2023 on the grounds that the habeas petition was an unauthorized second or successive application and, alternatively, that the petition is barred by the statute of limitations and is wholly unexhausted. ECF No. 10. Petitioner filed an opposition to the motion to dismiss as well as a motion for summary judgment. ECF Nos. 13, 15. For the reasons explained below, the court recommends granting respondent’s motion to dismiss on the ground that the petition is an unauthorized second or…