Jones

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID ARTHUR BROWAND, No. 2:21-cv-00184-DAD-EFB (HC) Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

GENA JONES, Warden,1 Respondent. 16 Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent has moved to dismiss petitioner’s third amended petition (ECF No. 32)2 on the ground that claims one, two, and three are untimely. ECF No. 34. Although petitioner opposes dismissal of the third amended petition, he concedes that claims one, two, and three are untimely, and requests that the court dismiss those claims, and proceed on the remaining timely claims for relief. ECF No. 36. Respondent does not object to this approach. ECF No. 37. ///// /////

1 Petitioner named the California Department of Corrections and Rehabilitation as respondent. ECF No. 1. Petitioner is incarcerated at California Health Care Facility, where Gena Jones is the Warden. …