(HC) Cornejo v. Covello ( 2022 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ADAM CORNEJO, No. 2:20-CV-1124-KJM-DMC-P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 PATRICK COVELLO, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding with retained counsel, brings this petition 18 for a writ of habeas corpus under 28 U.S.C. § 2254. Pending before the Court is Respondent’s 19 motion to dismiss, ECF No. 9. Petitioner has not filed an opposition. 20 Respondent argues that the instant petition must be dismissed because it was filed 21 beyond the one-year statue of limitations. See ECF No. 9-1. Pursuant to Eastern District of 22 California Local Rule 230(c), the Court construes Petitioner’s failure to file an opposition to 23 Respondent’s motion as consent to the relief requested. 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / 1 Based on the foregoing, the undersigned recommends that Respondent’s 2 || unopposed motion to dismiss, ECF No. 9, be granted. 3 These findings and recommendations are submitted to the United States District 4 | Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within 14 days 5 | after being served with these findings and recommendations, any party may file written objections 6 | with the Court. Responses to objections shall be filed within 14 days after service of objections. 7 | Failure to file objections within the specified time may waive the right to appeal. See Martinez v. 8 | Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 10 | Dated: February 14, 2022 Ssvcqo_ DENNIS M. COTA 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28