Bonta

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

LAMAR JOHNSON, Case No. 23-cv-06653-VC

Plaintiff,

ORDER DENYING MOTION TO

v. DISMISS HABEAS PETITION

ROB BONTA, et al., Re: Dkt. No. 10 Defendants.

The government’s motion to dismiss Johnson’s petition for a writ of habeas corpus is denied. Timeliness. The government first contends that Johnson’s petition is untimely. Johnson is seeking review of a June 2021 order denying his request to be immediately released into the community as a transient, or alternatively to be granted unconditional discharge. Johnson appealed and the state supreme court eventually denied his appeal in September 2022. Because Johnson did not file this petition until December 2023, the government argues it is two months past the one-year statute of limitations deadline. 28 U.S.C. § 2244(d)(1). However, as Johnson points out, the tolling period includes the period in which a petitioner may seek review from the United States Supreme Court. See Wixom v. Washington, 264 F.3d 894, 897 (9th Cir. 2001). Because Johnson had 90 days from September 28, 2022, to file a petition of certiorari to…