McVay

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANDREW E. SANFORD, No. 2:22-cv-1304 KJM AC P Petitioner, v. ORDER BIRD, Respondent. 16 Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. I. Background On October 20, 2022, petitioner was ordered to show cause why the petition should not be dismissed as untimely. ECF No. 6. Petitioner responded to the order and asserted that he was entitled to equitable tolling based on two separate sets of circumstances: (1) the deprivation of his trial transcripts from March 10, 2021 until June 23, 2021, and (2) his inability to obtain necessary files from his trial attorney. ECF No. 7. The undersigned found that (1) even assuming petitioner was entitled to tolling for the period that he was without his trial transcripts, his petition was still nearly one month late, and (2) he failed to demonstrate that the inability to obtain files from his 27 …