Cisneros

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH WAYNE MCGRAW, Case No. 2:23-cv-01264-JDP (HC) Petitioner, ORDER THAT THE CLERK OF COURT

ASSIGN A DISTRICT JUDGE TO THIS

v. ACTION CISNEROS, FINDINGS AND RECOMMENDATIONS

THAT THE FIRST AMENDED PETITION BE

Respondent. DISMISSED WITHOUT LEAVE TO AMEND ECF No. 8 17 18 Petitioner, a state prisoner proceeding without counsel, seeks a writ of habeas corpus 19 under 28 U.S.C. § 2254. I reviewed his initial petition and found that, because the challenged 20 conviction was handed down in 1992, the petition was time-barred. ECF No. 7. I gave petitioner 21 a chance to amend, however, to explain why this action should still proceed. He has now filed an 22 amended petition, ECF No. 8, and, after review, I find no basis to reconsider my conclusion that 23 the claims are time-barred. This action should be dismissed. 24 The petition is before me for preliminary review under Rule 4 of the Rules…