(HC) Atkinson v. The People of the Superior Court of Fresno County

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICHARD EDWARD ATKINSON., No. 1:22-cv-01476-ADA-SAB (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, GRANTING

v. RESPONDENT’S MOTION TO DISMISS,

DISMISSING PETITION FOR WRIT OF

JAMES ROBERTSON, HABEAS CORPUS, DIRECTING CLERK OF

COURT TO CLOSE CASE, AND

Respondent. DECLINING TO ISSUE A CERTIFICATE OF

APPEALABILITY

16 (ECF Nos. 15, 17) 17 18 Petitioner Richard Edward Atkinson (“Petitioner”) is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On March 31, 2023,1 the assigned Magistrate Judge issued findings and recommendations recommending dismissal of the petition as untimely and for failure to exhaust state judicial remedies. (ECF No. 17.) The findings and recommendations were served on Petitioner and contained…