(HC) Hollingshead v. Smith

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SCOTT HOLLINGSHEAD, No. 2:22-cv-01228-DAD-KJN (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND GRANTING

v. RESPONDENT’S MOTION TO DISMISS

THE PENDING HABEAS PETITION AS

STEPHEN SMITH, UNTIMELY Respondent. (Doc. Nos. 22, 29) 16 17 Petitioner Scott Hollingshead is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On August 29, 2023, the assigned magistrate judge issued findings and recommendations recommending that respondent’s motion to dismiss the pending petition as untimely (Doc. No. 22) should be granted. (Doc. No. 29.) Specifically, the findings and recommendations concluded that petitioner did not file the pending petition seeking federal habeas relief until eight months and 24 days after the…