Broomfield

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 OSCAR M. CONSTANCIO, No. 2:22-CV-1277-DJC-DMC-P Petitioner,

FINDINGS AND RECOMMENDATIONS

v. RON BROOMFIELD, Respondent. 16 Petitioner, a prisoner proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254. Pending before the Court is Respondent’s unopposed motion to dismiss the petition as untimely, ECF No. 22. 20 I. BACKGROUND Petitioner pleaded no contest to attempted second-degree murder and to personally and intentionally discharging a firearm in the commission of the offense. See ECF No. 22, pg. 1. Petitioner was sentenced to a determinate prison term of 25 years. See id. Petitioner’s direct appeal was dismissed by the California Court of Appeal on June 9, 2009, because Petitioner had not obtained a certificate of probable cause. See id. at 2. Petitioner did not seek direct review by the California Supreme Court. See id. Petitioner filed one state…