McVay

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANDREW E. SANFORD, No. 2:22-cv-1304 AC P 12 Petitioner, 13 v. ORDER AND FINDINGS &

RECOMMENDATIONS

14 BIRD, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus 18 pursuant to 28 U.S.C. § 2254. By order filed October 20, 2022, petitioner was ordered to show 19 cause why the petition should not be dismissed as untimely. ECF No. 6. Petitioner has now filed 20 a response. ECF No. 7. 21 As outlined in the October 20, 2022 order, the statute of limitations to file a federal habeas 22 petition expired on May 11, 2022. ECF No. 6 at 3. As a result, the instant petition, filed on July 23 20, 2022, is untimely unless petitioner can show he is entitled to tolling. In his response to the 24 order to show cause, petitioner asserts that he is entitled to equitable tolling based on two separate 25 sets of circumstances. ECF No. 7. 26 A habeas petitioner is entitled to equitable tolling of AEDPA’s…