Covello

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHRIS PURTILL, No. 2:22-cv-0199 KJM DB P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 PATRICK COVELLO, 15 Respondent. 16 17 Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus 18 under 28 U.S.C. § 2254. Petitioner challenges his convictions for lewd and lascivious conduct on 19 a child imposed by the Sacramento County Superior Court in 2017. Before the court are 20 respondent’s motion to dismiss the petition as untimely and because one claim is unexhausted, 21 petitioner’s motion to stay these proceedings, and petitioner’s request for DNA testing of trial 22 evidence. For the reasons set forth below, this court will recommend respondent’s motion to 23 dismiss be granted because the petition is untimely. This court further recommends that 24 petitioner’s motions to stay and for DNA testing be denied as moot. 25 //// 26 //// 27 //// 28 //// 1 BACKGROUND 2 After a jury…