Gonzalez

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DANIEL GONZALEZ, Case No.: 19-CV-2326-GPC-(WVG)

Petitioner,

REPORT AND

v. RECOMMENDATION ON MOTION

TO DISMISS

RAYMOND MADDEN, Warden,

Respondent. [Doc. No. 7] 16

18 On December 5, 2019, Petitioner Daniel Gonzalez filed a petition for writ of habeas corpus under 28 U.S.C. § 2254. Respondent has moved to dismiss based on the running of the statute of limitations. The matter is before the undersigned Magistrate Judge for preparation of a Report and Recommendation. For the reasons stated below, the Court RECOMMENDS that Respondent’s motion to dismiss be DENIED. I. BACKGROUND On June 18, 2015, a jury found Petitioner guilty of second-degree murder and assault with a deadly weapon, a firearm. The court sentenced him to 40 years to life plus seven years, including a 25 years-to-life “firearm enhancement” under California Penal Code § 12022.53, which was…