Couello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 IMMANUEL SHOTWELL, No. 2:22-cv-02176-TLN-EFB (HC) Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

PATRICK COVELLO Respondent. 16 Petitioner is a state prisoner proceeding without counsel in this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. ECF No. 1. Respondent moves to dismiss the petition as untimely. ECF No. 10. Respondent also maintains that ground six of the petition should be dismissed because it does not raise a cognizable federal claim. Id. As discussed below, the petition is untimely and the motion to dismiss must be granted.1 I. Background Petitioner is incarcerated at Mule Creek State Prison. ECF No. 1. He was convicted in Sacramento County Superior Court of assault, carjacking, dissuading a witness, vandalism, and two counts of vehicle theft; certain sentencing enhancements were also found true. ECF No. 9-2. On May 17, 2019, petitioner was sentenced to an…