Rodolfo Fernandez Franco v. F. Guzman

I. INTRODUCTION

Petitioner, Rodolpho Fernandez Franco, is a California state prisoner, in custody at Centinela State Prison. Petitioner filed the instant petition pursuant to 28 U.S.C. § 2254 on December 12, 2024. Dkt. 1. Petitioner challenges his conviction on four grounds: 1) violation of his Sixth amendment right to an impartial jury resulting from three instances of juror misconduct in the course of his trial; 2) deprivation of his Fifth and Fourteenth Amendment rights resulting from the eighteen year delay between the alleged criminal acts and being charged; 3) violation of his Sixth Amendment rights by the trial court when it quashed his subpoena for a District Attorney, Minoui to appear for questioning; and 4) admission of a 9-1-1 call from an alleged victim, in lieu of her testifying, violated Petitioner’s Sixth amendment rights. Dkt. 1 at 5-6. Respondent filed a Motion to Dismiss the Petition for failure to exhaust on April 11, 2025. Dkt. 10, 11. Following two extensions of time, Petitioner filed his response to the motion on August 28, 2025. Dkt. 15. The Court concludes that the petition is subject to dismissal because Petitioner failed to fully exhaust his claims…