Covello

(HC) Newbery v. Covello

Good Law
United States District Court, Eastern District of CaliforniaOctober 2, 20242:20-cv-02167California432 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Gustavo D. Newbery, No. 2:20-cv-2167-KJM-SCR Petitioner, ORDER v. Patrick Covello, 1S Respondent. 16 This court previously granted petitioner Gustavo D. Newbery’s request to effectively 18 reopen this closed federal habeas corpus action and respond to the magistrate judge’s findings and recommendations. See Prior Order (Jan. 5, 2024), ECF No. 24. The court advised petitioner that 20 a failure to focus his objections on the issues raised in the magistrate judge’s findings and recommendations could result in dismissal of the petition. /d. at 4. Specifically, the court noted 22 petitioner needed to explain why this petition was not time-barred under 28 U.S.C. § 2244(d). Id. 23 Petitioner has now filed objections, see Obj., ECF No. 25, and no response was filed. As the magistrate judge noted in the findings and recommendations, there is a one-year 25 statute of limitations for filing…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.