Covello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT EARL THOMAS, Case No. 2:21-cv-01121-WBS-JDP (HC) Petitioner, FINDINGS AND RECOMMENDATIONS

THAT RESPONDENT’S MOTION FOR

v. SUMMARY JUDGMENT BE GRANTED PATRICK COVELLO, OBJECTIONS DUE IN FOURTEEN DAYS Respondent. ECF No. 19 16 Petitioner Robert Earl Thomas, a state prisoner, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Respondent moved to dismiss the petition, ECF No. 19, arguing that it is time-barred and that petitioner is not entitled to equitable tolling based on mental impairment. I converted that motion into one for summary judgment because it asked the court to consider plaintiff’s medical records. ECF No. 26. After that conversion, petitioner filed an opposition, ECF No. 29, and respondent filed a reply, ECF No. 32. After review of the pleadings, I recommend that the motion for summary judgment be granted. Legal Standards …