Covello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EXZAVER DENNIS AUSTIN, No. 2:22-cv-01033-WBS-EFB (HC) Petitioner, v. ORDER RE SUPPLEMENTAL BRIEFING PATRICK COVELLO, Respondent. 16 Petitioner is a state prisoner proceeding without counsel with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. ECF No. 1. On August 15, 2022, respondent filed a motion to dismiss the petition as untimely. ECF No. 13. On November 2, 2022, petitioner filed an opposition (titled “Reply”) to respondent’s motion. ECF No. 21. Respondent did not file a reply. Petitioner maintains in his opposition that he is entitled to equitable tolling based on two grounds. ECF No. 21. First, petitioner maintains that, pursuant to Bills v. Clark, 628 F.3d 1092, 1099-1101 (9th Cir. 2010), he is entitled to equitable tolling based on his alleged mental impairment. ECF No. 21 at pp. 2-3. Second, petitioner maintains that, pursuant to Schlup v. Delo, 513 U.S. 298, 332 (1995), he is…