Covello

(HC) Shotwell v. Covello

Good Law
United States District Court, Eastern District of CaliforniaNovember 14, 20242:24-cv-00318California644 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 IMMANUEL SHOTWELL, Case No. 2:24-cv-0318-JDP (P) Petitioner, ORDER v. DIRECTING THE CLERK OF COURT TO

ASSIGN A DISTRICT JUDGE TO THIS

PATRICK COVELLO, ACTION Respondent. FINDINGS AND RECOMMENDATIONS THAT THIS ACTION BE DISMISSED AS

UNTIMELY

17 ECF No. 6 18 19 20 Petitioner, a state prisoner, brought this action under section 2254 and alleged several claims related to a conviction that was finalized in 2019. ECF No. 1 at 1-2. In my screening order, I explained to petitioner that his claims appeared to be time-barred. ECF No. 5. I gave him an opportunity to amend, however, and to explain why this action should still proceed. He has submitted an amended petition, ECF No. 6, that fails to make a compelling showing that he should be allowed to proceed despite being past the statute of limitations. Accordingly, I now recommend that the petition be dismissed. 28 The…

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