(HC)Harris

(HC)Harris v. Moore

Good Law
United States District Court, Eastern District of CaliforniaApril 25, 20231:22-cv-00601California1,509 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DANIEL J. HARRIS, Case No. 1:22-cv-00601-ADA-CDB (HC)

Petitioner, FINDINGS AND RECOMMENDATION

TO GRANT RESPONDENT’S MOTION

v. TO DISMISS

SEAN MOORE, 14-DAY DEADLINE

Respondent. (ECF No. 15)

Before the Court is Respondent’s Motion to Dismiss, filed on September 1, 2022. (ECF No. 15). Petitioner Daniel Harris (Harris), proceeding pro se, filed an Opposition on September 19, 2022. (ECF No. 17). Respondent filed a reply on September 29, 2022. (ECF No. 18). For the reasons stated below, the undersigned recommends dismissal of this action as untimely. I. Procedural and Factual Background Petitioner filed a Petition for Writ of Habeas Corpus on May 20, 2022. (ECF No. 1). Following the Court’s grant of leave to amend, Petitioner filed the operative First Amended Petition (FAP) on July 5, 2022. (ECF No. 7). Petitioner seeks relief from this Court under 28 U.S.C § 2254. He was found…

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