Fox

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ----oo0oo---- 11 ALPHONSO HAYDEN, JR., No. 2:14-cv-1004 WBS DB P Petitioner, v. ORDER RE: RESPONDENT’S MOTION

TO DISMISS

ROBERT W. FOX, Warden, Respondent. 17 18 ----oo0oo---- Petitioner, a state prisoner proceeding through appointed counsel, filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Respondent has moved to dismiss petitioner’s application as time barred. (See Docket No. 22.) Petitioner argues that he is entitled to equitable tolling of the applicable statute of limitations because he suffers from a mental impairment that rendered him unable to understand the need to file a timely habeas petition before the limitations period expired. (See Docket No. 28.) On November 12, 2019, the…