Curry

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ANTHONY DESEAN CURRY,

Case No. 20-cv-01140-RS (PR) Petitioner, 8 v. ORDER TO SHOW CAUSE

PATRICK L. COVELLO,

10 Respondent.

12 INTRODUCTION Petitioner seeks federal habeas relief under 28 U.S.C. § 2254 from his state convictions and sentence. The petition for such relief is now before the Court for review pursuant to 28 U.S.C. § 2243 and Rule 4 of the Rules Governing Section 2254 Cases. The petition states a cognizable claim. Respondent shall file a response to the petition on or before October 5, 2020, unless an extension is granted. The petition appears untimely. Petitioner was convicted in 2008 and the instant federal petition was not filed until 2020, which is certainly outside the one-year statute of limitations period for filing a federal habeas petition. See 28 U.S.C. § 2244(d)(1). Respondent is directed to consider first if the petition is in fact untimely. If respondent concludes that it is…