(HC) Paisano v. De La Cruz

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NORMA PAISANO, No. 2:22-cv-0641 TLN CKD P Petitioner, v. ORDER ANISSA DE LA CRUZ, Respondent. 16 Petitioner is a California prisoner proceeding with counsel with a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Respondent’s motion to dismiss claims 4 and 5 in petitioner’s second amended petition is pending before the court. To resolve all issues presented in respondent’s pending motion to dismiss the court requires the record of trial. Accordingly, the court will order respondent to provide the record. Also, it appears there may be a conflict of interest with respect to counsel’s representation of petitioner. It is at least possible that petitioner would be entitled to equitable tolling1 sufficient to render claims 4 and 5 timely based upon counsel’s late filing of a petition for collateral relief at the California Court of Appeal.

1 The statute of limitations applicable in this action…