Gonzalez
Gonzalez v. McDowell
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
JOSE FRANCISCO GONZALEZ,
Case No. 22-cv-04057-RS (PR) Petitioner, 11 v. ORDER OF DISMISSAL
NEIL MCDOWELL,
13 Respondent.
15 INTRODUCTION Petitioner seeks federal habeas relief under 28 U.S.C. § 2254 from his state convictions. The petition for such relief is untimely, however, as pointed out in respondent’s motion to dismiss. (Dkt. No. 8.) The filing deadline for the petition was April 14, 2022, but the petition was not filed until May 25, 2022. The motion is GRANTED and the petition is DISMISSED. BACKGROUND In 2018 a San Francisco County Superior Court jury convicted petitioner of two counts of oral copulation or sexual penetration of a child, one count of committing a forcible lewd act on a child, and one count of committing a lewd act on a child. People v. Gonzalez, No. A157110, 2020 WL 6194411, at *4 (Cal. Ct. App. Oct. 22, 2020). In 2019, a sentence of 23 years…