Gastelo

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM RAY BARTON, No. 2:23-CV-0134-DJC-DMC-P Petitioner,

FINDINGS AND RECOMMENDATIONS

v. JOSIE GASTELO, Respondent. 16 Petitioner, a state 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 this petition as untimely, ECF No. 14. Respondent has lodged portions of the state court record in support of the motion to dismiss, ECF No. 15. Federal habeas corpus petitions must be filed within one year from the later of: (1) the date the state court judgment became final; (2) the date on which an impediment to filing created by state action is removed; (3) the date on which a constitutional right is newly- recognized and made retroactive on collateral review; or (4) the date on which the factual predicate of the claim could have been discovered through the exercise of due diligence. See 28 U.S.C. § 2244(d). …