Fisher

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANIEL LOPEZ, Case No. 1:19-cv-01486-NONE-JDP Petitioner, ORDER FOR ADDITIONAL BRIEFING v. RESPONSE DUE IN 30 DAYS RAYTHEL FISHER, JR., ECF No. 10 Respondent. 16 Petitioner Daniel Lopez, a state prisoner without counsel, petitioned for a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. Before us now is respondent’s motion to dismiss the petition as untimely. ECF No. 10. Respondent argues that petitioner sought federal habeas relief 32 months after the expiration of the statute of limitations and that petitioner should not be afforded any statutory or equitable tolling. Id. Petitioner opposed the motion, arguing that he should be afforded statutory and equitable tolling. ECF No. 15. Petitioner specifically argues 23 1 We agree that petitioner is not entitled to statutory tolling. Petitioner did not directly appeal his conviction and sought collateral review in the state courts more than three…