Lewis

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JULIUS M. ROBINSON, No. 2:13-cv-0604 WBS AC P Petitioner, v. ORDER G.W. LEWIS, Respondent. 16 This habeas corpus case is before the court on remand from the Ninth Circuit. Petitioner, who is currently incarcerated at the Pelican Bay State Prison, filed an application for writ of habeas corpus pursuant to 28 U.S.C. § 2254. ECF No. 1. This court recommended granting respondent’s motion to dismiss (ECF No. 29), and the district court subsequently adopted the recommendation (ECF No. 34). The district court issued a certificate of appealability to the question of whether petitioner was entitled to gap tolling for the 66-day interval between the Superior Court’s denial of habeas relief and his filing of a new petition in the California Court of Appeal. ECF No. 34 at 2. Petitioner timely appealed the district court’s decision. ECF No. 36. On appeal, David Harshaw was appointed as petitioner’s counsel (see ECF No.…