Covello
(HC) Love v. Covello
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANTE LOVE, No. 2:20-cv-0007 KJM AC P Petitioner, v. FINDINGS AND RECOMMENDATIONS 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. By order filed July 15, 2020, after respondent re-served the motion, petitioner was ordered to file a response within thirty days. ECF No. 16. Instead of filing a response to the motion to dismiss, petitioner filed a motion for counsel and for an evidentiary hearing on equitable tolling. ECF No. 18. The motion was denied, and petitioner was advised that if he wanted to argue that he was entitled to equitable tolling of the statute of limitations, he would have to file an opposition to the motion to dismiss that included specific facts in support of equitable tolling. ECF No. 19 at 2. Petitioner was given…