Gitre

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 Brian Michael GITRE, Case No.: 20-cv-2272-AJB-AGS Petitioner, REPORT AND RECOMMENDATION

TO GRANT THE WARDEN’S

v.

MOTION TO DISMISS (ECF 7)

Craig KOENIG, Warden, et al., Respondents. 16 A state prisoner filed his federal habeas petition over a year late. The only issue is whether statutory or equitable tolling can bring his petition within the statute of limitations for federal habeas review. BACKGROUND In 2016, a jury convicted petitioner Brian Gitre of two drunk-driving-related offenses, resulting in bodily injury to multiple victims, and one count of refusing a peace officer’s request to submit to chemical tests. (See ECF 7-5, at 3.) Gitre’s relevant post- conviction proceedings, up to the filing of his federal habeas petition, are set forth in the table below:

28 Date Event Elapsed Time …