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. FINDINGS AND RECOMMENDATIONS PATRICK COVELLO, Respondent. 16 Petitioner is a state prisoner proceeding without counsel in this petition for writ of habeas corpus under 28 U.S.C. § 2254. Respondent moves to dismiss the petition as untimely. ECF No. 13. As discussed below, the petition is untimely, and the motion must be granted. I. Background At the time of filing, petitioner was incarcerated at Mule Creek State Prison. ECF No. 1. In 2015, he was convicted of two counts of first-degree burglary and one count of attempted first- degree burglary in San Joaquin County Superior Court. ECF No. 15-1. The trial court also found true numerous sentencing enhancements. Id. Petitioner was sentenced in 2017 to an indeterminate state prison term of eighty-five years to life. Id. The state appellate court affirmed the convictions and sentences on…