Cueva

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TIMOTHY PATRICK McKENNA, No. 2:23-CV-0556-DJC-DMC-P Petitioner,

FINDINGS AND RECOMMENDATIONS

v. D. CUEVA, 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. 12. 20 I. BACKGROUND Petitioner was convicted of second-degree robbery and, on November 5, 2018, was sentenced to a determinate prison term of ten years. See ECF No. 12, pg. 1. The conviction and sentence were affirmed on direct appeal on May 29, 2020. See id. Petitioner did not seek review in the California Supreme Court. See id. / / / / / / / / / Following direct appeal, Petitioner filed the following state court post-conviction actions:

First Action Filed June 2, 2022, in the Placer County Superior Court. Denied on July 6,…