Gilbert L. Gonzalez v. Neil McDowell

CIVIL MINUTES – GENERAL

Case No. CV 23-10564 JGB (PVC) Date: January 16, 2024 Title Gilberto Lorenzo Gonzalez v. Neil McDowell, Warden

Present: The Honorable Pedro V. Castillo, United States Magistrate Judge

Marlene Ramirez None Deputy Clerk Court Reporter / Recorder

Attorneys Present for Petitioner: Attorneys Present for Respondent: None None

PROCEEDINGS: [IN CHAMBERS] ORDER TO SHOW CAUSE WHY THE

MAGISTRATE JUDGE SHOULD NOT RECOMMEND THAT

THIS ACTION BE DISMISSED BECAUSE IT IS UNTIMELY

AND UNEXHAUSTED

On December 11, 2023, Petitioner, a California state prisoner proceeding pro se, constructive filed a habeas petition pursuant to 28 U.S.C. § 2254. (“Petition,” Dkt. No. 1 at 10).1 The Petition appears to raise a single ground for federal habeas relief: a five-year enhancement violates the Sixth and Fourteenth Amendments “when no violence has been applied due process with a classification committee.” (Id. at 6; see also id. at 5–6 (arguing that “all [V10] have been removed from the initial offense”)). However, it appears that Petitioner’s claims are subject to dismissal because they…