Covello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANTE LOVE, No. 2:20-cv-0007 KJM AC P Petitioner, v. ORDER PATRICK COVELLO, Respondent. 16 Petitioner is a state prisoner proceeding pro se with a habeas corpus petition filed pursuant to 28 U.S.C. § 2254. On May 28, 2020, respondent filed a motion to dismiss the petition. ECF No. 14. On July 14, 2020, respondent notified the court that the motion to dismiss was re-served on petitioner after counsel discovered that the motion had been returned by the postal service. ECF No. 15. Petitioner was then given thirty days from the re-service of the motion to file his response. ECF No. 16. The time for responding to the petition has now passed and petitioner has not opposed respondent’s motion, though he has filed a motion requesting an evidentiary hearing on equitable tolling and appointment of counsel, which indicates that he opposes the motion to dismiss. ECF No. 18. There currently exists no absolute right…