(HC) Johnson v. State of California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANDREW D. JOHNSON, No. 2:22-cv-0536 TLN AC P Petitioner, v. FINDINGS & RECOMMENDATIONS STATE OF CALIFORNIA, Respondent. 16 Petitioner is a state prisoner proceeding pro se on a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. By order filed August 25, 2022, petitioner was ordered to show cause why the petition should not be dismissed as untimely. ECF No. 28. He has now filed his response. ECF No. 29. In his response to the order to show cause, petitioner argues that his petition should be allowed to proceed because he has valid claims, and he is being held as part of a conspiracy to keep him in unlawful custody. Id. He further states that he did not file a petition sooner because he did not know how to do so. Id. at 2. To the extent petitioner may be attempting to argue that he is entitled to equitable tolling because he is actually innocent, he has presented no evidence to support this…