Covello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GUSTAVO D. NEWBERY, No. 20-cv-2167 KJM DB Petitioner, v. FINDINGS AND RECOMMENDATIONS PATRICK COVELLO, Respondent. 16 Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner alleges he is entitled to relief because his trial counsel was ineffective in violation of his rights under the Sixth Amendment. Respondent has moved to dismiss the petition as untimely. (ECF No. 15.) By order dated August 16, 2021 petitioner was ordered to either file and serve an opposition to the motion to dismiss or show cause in writing why this action should not be dismissed as untimely within twenty days. (ECF No. 17.) Those twenty days have passed, and plaintiff has not filed a response, requested additional time to file a response, or otherwise responded to the court’s order. Accordingly, for the reasons set forth below, the undersigned will recommend that…