(HC) Chappell v. St. Andre

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BLAKE H. CHAPPELL, No. 2:22-cv-1429 KJM AC P Petitioner, v. FINDINGS & RECOMMENDATIONS ST. ANDRE, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. By order filed September 6, 2022, petitioner was ordered to show cause why the petition should not be dismissed as untimely. ECF No. 10. The response to the order to show cause was largely comprised of the standards for seeking a stay, but it failed to address the timeliness of the petition other than to indicate that petitioner was claiming actual innocence and that he had new evidence to support his claim, though no new evidence was provided. ECF No. 11. Petitioner was then given an opportunity to submit new evidence in support of his claim that he is entitled to equitable tolling on the ground that he is actually innocent. ECF No. 12. He has now provided a document styled…