Edgin
Edgin v. Covello
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DARREL EDGIN, Case No. 20-cv-07565-JD
Petitioner,
ORDER RE MOTION TO DISMISS
v. 9 Re: Dkt. No. 24 PATRICK COVELLO, Respondent.
12 Darrel Edgin, a pro se state prisoner, has filed a habeas petition under 28 U.S.C. § 2254. Respondent filed a motion to dismiss on the grounds that the petition is barred by the statute of limitations. Edgin filed an opposition (Dkt. No. 26) and respondent filed a reply. Edgin filed a sur-reply (Dkt. No. 28). The Court reviewed the filings and found that the petition appeared untimely unless Edgin was entitled to equitable tolling. He was provided an opportunity to file further briefing to address how the Covid-19 pandemic impeded his ability to meet the filing deadline. Dkt. No. 29 at 7. Edgin has filed additional briefing (Dkt. Nos. 33, 36) that the Court has reviewed. The motion to dismiss is granted. STATUTE OF LIMITATIONS The Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) imposes a statute…