Gutierrez
Gutierrez v. Hill
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
10 SALVADOR GUTIERREZ, Case No.: 22cv1413-JO-LR
ORDER ADOPTING REPORT
AND RECOMMENDATION Petitioner, 13 v.
JAMES HILL,
16 Respondent. 17 Pro se Petitioner Salvador Gutierrez filed a habeas corpus petition under 28 U.S.C. § 2254 on September 15, 2022. Dkt. 1. On December 15, 2022, Respondent filed a motion to dismiss the petition as untimely. Dkt. 8 (“MTD”). On May 9, 2023, Magistrate Judge Rodriguez issued a Report and Recommendation (the “R&R”) recommending that the petition be dismissed. Dkt. 12. On June 7, 2023, Petitioner Gutierrez filed an objection to the R&R, arguing that he is entitled to statutory or equitable tolling. Dkt. 13 (“Objection”). For the reasons set for below, the Court adopts the R&R in its entirety. I. BACKGROUND A. Procedural History On September 23, 2015, Gutierrez was sentenced to a term of 205 years to life in state prison after being convicted of nine counts of committing lewd and lascivious…