Spearman

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 7 ANTHONY SMITH, Case No. 20-cv-00322-SI

Petitioner,

ORDER OF DISMISSAL

v. Re: Dkt. No. 35 SPEARMAN, Respondent.

13 Anthony Smith filed this pro se action for writ of habeas corpus pursuant to 28 U.S.C. § 2254 to challenge a 2009 burglary conviction. Respondent now moves to dismiss the habeas petition as untimely. The dispositive issue is whether any of the several amendments to the abstract of judgment support a later start to the limitations period than the usual starting date of the conclusion of direct review. The court concludes that none of the amended abstracts of judgment result in a later starting date for the limitations period and therefore uses the conclusion of direct review in February 2012 as the starting date for the limitations period. Due to a four-year gap between mid- 2013 and mid-2017 when there was no state court collateral challenge pending and there was no equitable tolling, the federal petition filed in 2020 was…