(HC) Ayon v. Haviland, No. 2:2009cv02522 - Document 17 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/7/2011 RECOMMENDING that respondent's 14 motion to dismiss be granted, and this action be dismissed w/out prejudice; and the clerk be directed to close the case. Referred to Judge John A. Mendez; Objections due w/in 14 days. (Yin, K)

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(HC) Ayon v. Haviland Doc. 17 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DONICIO AYON, Petitioner, 11 vs. 12 13 No. CIV S-09-2522 JAM EFB P JOHN HAVILAND, Warden, Respondent. 14 FINDINGS AND RECOMMENDATIONS / 15 Petitioner is a state prisoner proceeding without counsel on a petition for a writ of habeas 16 17 corpus pursuant to 28 U.S.C. § 2254. Respondent moves to dismiss on the grounds that his 18 petition is untimely, as it was filed outside of the one-year statute of limitations. Dckt. No. 14. 19 Petitioner has filed a statement of non-opposition to the motion, stating that he does not oppose 20 “respondent’s motion to dismiss as untimely in every aspect mentioned in the notice and motion 21 to dismiss.” Dckt. No. 16. 22 Accordingly, it is hereby RECOMMENDED that: 23 1. Respondent’s motion to dismiss be granted, and this action be dismissed without 24 prejudice; and 25 //// 26 //// 1 Dockets.Justia.com 1 2. The Clerk be directed to close the case. 2 These findings and recommendations are submitted to the United States District Judge 3 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 4 after being served with these findings and recommendations, any party may file written 5 objections with the court and serve a copy on all parties. Such a document should be captioned 6 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 7 within the specified time may waive the right to appeal the District Court’s order. Turner v. 8 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 Dated: February 7, 2011. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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