Hill

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DORN ALLEN FREEMAN, No. 2:21-cv-1982 KJM AC P Petitioner, v. FINDINGS AND RECOMMENDATIONS HILL, WARDEN, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his 2005 Shasta County conviction for corporal injury and kidnaping. ECF No. 1 at 1. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Before the court is respondent’s motion to dismiss for untimeliness. ECF No. 12. Petitioner has opposed the motion, and respondent has filed a reply. ECF Nos. 14, 15. For the reasons stated below, the undersigned will recommend that the petition be dismissed as an unauthorized second or successive petition, and that respondent’s motion based on the statute of limitations be denied as moot. ////

Petitioner also filed an unauthorized surreply. …