Covello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Gustavo D. Newbery, No. 2:20-ev-2167-KJM-DB Petitioner, ORDER v. Patrick Covello, 15 Respondent. 16 Petitioner seeks permission from the court to “continue” — effectively reopen — this closed 18 federal habeas corpus action filed under 28 U.S.C. § 2254. See Mot., ECF No. 23. The court 19 construes this request as a motion to reconsider. For the reasons set forth below, the court grants 20 petitioner’s motion. On June 28, 2021, respondent filed a motion to dismiss the federal habeas petition as untimely. MTD, ECF No. 15. Respondent alleged petitioner filed his application for federal 23 habeas relief after the statute of limitations period had expired under 28 U.S.C. § 2244(d) and was 24 therefore time-barred. /d. at 2-4. Despite a court order to either file an opposition to the motion 25 to dismiss or to show cause why the action should not be dismissed for failure to prosecute and 26 failure to comply with court orders, see OSC,…