Joshua Grunwald v. Patrick Covello
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 JOSHUA GRUNWALD, Case No. 8:19-cv-02043-DSF (AFM) Petitioner,
ORDER TO SHOW CAUSE WHY
13 v. PETITITION SHOULD NOT BE DISMISSED AND DENYING PATRICK COVELLO, Warden, REQUEST FOR APPOINTMENT
OF COUNSEL
Respondent. 16 17 18 Petitioner filed this petition for writ of habeas corpus on October 19, 2019.1 From the face of the petition, it appears to be barred by the one-year period of limitation set forth in the AEDPA. See 28 U.S.C. § 2244(d)(1); see also Day v. McDonough, 547 U.S. 198, 209 (2006) (district court may sua sponte consider the timeliness of a state prisoner’s habeas corpus petition). 24 25 1 Although the petition was filed by the Clerk’s Office on October 22, 2019, Petitioner is entitled 26 to the benefit of the “mailbox rule,” pursuant to which his petition is deemed filed on the date on which petitioner handed it to the proper prison official for mailing. See Houston v. Lack, 487 U.S. 266, 276 (1988). In this case,…