Byrd
(HC) Jimmeye v. Byrd
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ELLIX JIMMEYE, III, Case No. 1:23-cv-00252-JLT-HBK (HC) Petitioner, FINDINGS AND RECOMMENDATIONS TO
GRANT RESPONDENT’S MOTION TO
v. DISMISS 1 BYRD, Warden, FOURTEEN-DAY OBJECTION PERIOD Respondent. (Doc. No. 17) 16 17 Petitioner Ellix Jimmeye, III (“Petitioner”), a state prisoner, initiated this action by filing a pro se petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1, “Petition”). In response, Respondent filed a Motion to Dismiss and lodges the state court record in support. (Doc. Nos. 17, 18). Petitioner did not file an opposition to the Motion to Dismiss. (See docket). For the reasons set forth more fully below, the undersigned recommends the district court grant Respondent’s Motion to Dismiss and dismiss the Petition as time barred and/or unexhausted. I. BACKGROUND In 2002, Petitioner was convicted of various sexual offenses…