Pollard

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 THOMAS ALLEN HENDERSON, Case No.: 20-cv-00169-AJB-DEB

12 Petitioner, ORDER: v. (1) ADOPTING THE REPORT AND

M. POLLARD, Warden, RECOMMENDATION and

15 Respondent. (2) DENYING PETITIONER’S

PETITION AS UNTIMELY AND

PROCEDURALLY DEFAULTED

18 (Doc. Nos. 13, 25) 19 20

I. BACKGROUND Before the Court is Thomas Allen Henderson’s (“Petitioner”) Petition for Writ of Habeas Corpus pursuant to U.S.C. § 2254. (Doc. No. 1.) Warden M. Pollard (“Respondent”) filed a Motion to Dismiss the Petition and lodged the state court. (Doc. No. 13.) The Court referred the matter to Magistrate Judge Daniel E. Butcher for a Report and Recommendation (“R&R”), which he issued on March 1, 2022. (Doc. No. 25.) The R&R recommends the Court construe Respondent’s motion to dismiss as an Answer to the Petition and deny the Petition. (Id. at 2.) The parties were instructed to file written objections to the R&R with the Court no later than March 17,…