Fox

Case 2:14-cv-01004-WBS-DB Document 86 Filed 06/24/20 Page 1 of

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

ALPHONSO HAYDEN, JR., No. 2:14-cv-1004 WBS DB P Petitioner, v. FINDINGS AND RECOMMENDATIONS ROBERT W. FOX, Warden,1 Respondent.

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus

under 28 U.S.C. § 2254. Petitioner challenges his 2001 conviction on five counts of robbery,

which ultimately resulted in a sentence of forty-six years to life. Respondent moves to dismiss the

habeas petition as time-barred. Petitioner argues that he is entitled to equitable tolling on grounds

of mental illness. On November 12, 2019, the Court held an evidentiary hearing at which

petitioner’s appointed counsel and respondent’s counsel each presented evidence regarding

petitioner’s mental health. Following the hearing, the parties were granted one…