Gastelo

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOHN HENRY LEE, Case No. 20-cv-05387-WHO (PR)

Petitioner,

ORDER OF DISMISSAL

v. 9 Dkt. Nos. 19 and 24 JOSIE GASTELO, Respondent.

12 INTRODUCTION Petitioner John Henry Lee seeks federal habeas relief from his state convictions. The petition for such relief is untimely, however, as pointed out in respondent’s motion to dismiss. Lee had until August 26, 2016 to file a timely federal habeas petition, but he did not file one until 2020. His contention that he is entitled to a later start date because of a United States Supreme Court case is unfounded because that case did not recognize a new constitutional right. Furthermore, Lee is not entitled to statutory or equitable tolling. The motion to dismiss is GRANTED and the petition is DISMISSED. BACKGROUND In 2015 Lee pleaded nolo contendere in the Alameda County Superior Court to a charge of second degree robbery and to allegations that his crime was a serious and violent…