Byrd

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ELLIX JIMMEYE, III, ) Case No.: 1:23-cv-0252 JLT HBK (HC) ) Petitioner, ) ORDER ADOPTING THE FINDINGS AND ) RECOMMENDATIONS, GRANTING v. ) RESPONDENT’S MOTION TO DISMISS, ) DENYING PETITION FOR WRIT OF HABEAS BYRD, Warden, ) CORPUS, DIRECTING CLERK OF COURT TO ) CLOSE CASE, AND DECLINING TO ISSUE Respondent. ) CERTIFICATE OF APPEALABILITY ) ) (Docs. 1, 17, 19) Ellix Jimmeye III is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (Doc. 1.) Respondent moved to dismiss the petition, asserting it was untimely and unexhausted. (Doc. 17 at 2-4.) 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 November 1, 2023, the assigned magistrate judge found any petition by Petitioner should have been filed no later than September 10, 2004, and the petition in this…