Knight

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 CLARENCE V. KNIGHT, Case No.: 18CV2884 AJB (BGS)

Petitioner,

REPORT AND

v. RECOMMENDATION TO GRANT

RESPONDENT’S MOTION TO

RALPH DIAZ,

DISMISS PETITIONER’S PETITION

Respondent. FOR WRIT OF HABEAS CORPUS 16 Petitioner Clarence V. Knight (hereinafter “Petitioner” or “Knight”) is a California Prisoner proceeding pro se. Petitioner has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (“Petition”). (ECF 1.) Pending before the Court is Respondent’s Motion to Dismiss the Petition (“Motion”). (ECF 15.) Respondent argues the Petition should be dismissed because it is untimely under the applicable one-year statute of limitations, procedurally defaulted, and fails to allege a federal constitutional question. (Id.) Petitioner has filed an Opposition to the Motion to Dismiss (“Opposition”) and Respondent a Reply. (ECF 22, 23.) The Court submits this Report and Recommendation…