Summary
declining to apply Supreme Court case on procedural default to provide for equitable tolling of statute of limitations
Summary of this case from Granado v. SpearmanOpinion
Case No. CV 13-4702-GAF (JEM)
03-24-2014
RODNEY NORMAN CABRERA, Petitioner, v. SANDRA PENNYWELL, Warden, Respondent.
ORDER ACCEPTING FINDINGS AND
RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the pleadings, the records on file, and the Report and Recommendation of the United States Magistrate Judge. No Objections to the Report and Recommendation have been filed within the time allowed for Objections. The Court accepts the findings and recommendations of the Magistrate Judge.
IT IS HEREBY ORDERED that Respondent's Motion to Dismiss the Petition be granted and that Judgment be entered dismissing this action with prejudice.
______________________
GARY A. FEESS
UNITED STATES DISTRICT JUDGE