Covello

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT EARL THOMAS, Case No. 2:21-cv-01121-WBS-JDP (HC) 12 Petitioner, ORDER CONVERTING RESPONDENT’S

MOTION TO DISMISS INTO A MOTION

13 v. FOR SUMMARY JUDGMENT AND

OFFERING RESPONDENT THIRTY DAYS

14 PATRICK COVELLO, TO FILE A NEW OPPOSITION 15 Respondent. ECF No. 19 16 17 Petitioner Robert Earl Thomas, a state prisoner, filed a petition for a writ of habeas corpus 18 under 28 U.S.C. § 2254. Respondent moves to dismiss the petition, ECF No. 19, and argues that 19 the petition is time-barred. That motion to dismiss, however, contains portions of petitioner’s 20 medical records that are not generally suited for consideration on a motion to dismiss or for 21 inclusion by way of judicial notice insofar as they are not matters of public record. See Walker v. 22 Woodford, 454 F. Supp.2d. 1007, 1022 (S.D. Cal. 2006); see also Sigler v. Am. Honda Motor Co., 23 532 F.3d 469, 476-77 (6th Cir. 2008) (declining to take judicial notice of the…