Gonzalez

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

JOSE FRANCISCO GONZALEZ,

Case No. 22-cv-04057-RS (PR) Petitioner, ORDER REOPENING ACTION; v. ORDER DIRECTING RESPONDENT

NEIL MCDOWELL, TO FILE A RESPONSE TO THIS

ORDER Respondent. 11 12 This action is REOPENED. The Clerk is directed to modify the docket to reflect this. The judgment and the order of dismissal are VACATED. This federal habeas action was dismissed pursuant to a motion by respondent in which it was contended that the petition was untimely. (Dkt. Nos. 8, 9.) The timeliness calculation was based in part on a belief that petitioner had 90 days to file a petition for writ of certiorari. Because the United States Supreme Court temporarily extended the time to file a petition for certiorari, the petition may not be untimely. Respondent may wish to revise or withdraw his motion to dismiss. Respondent is directed to file a response to…