Washington v. Virga

Full title: DONALD WASHINGTON, JR., Petitioner, v. TIM VIRGA, Warden, Respondent.

Court: United States District Court, Ninth Circuit, California, C.D. California

Date published: Jan 30, 2011

CV 08-5306 DOC(JC) (C.D. Cal. Jan. 30, 2011)

Opinion

DONALD WASHINGTON, JR., Petitioner, v. TIM VIRGA, Warden, Respondent. No. CV 08-5306 DOC(JC) United States District Court, C.D. California. January 30, 2011

          ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

          DAVID O. CARTER, District Judge.

         Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of Habeas Corpus by a Person in State Custody (the "Petition"), the parties' briefs regarding the statute of limitations, and all of the records herein, including the attached Report and Recommendation of United States Magistrate Judge ("Report and Recommendation"), and petitioner's objections to the Report and Recommendation ("Objections"). The Court has further made a de novo determination of those portions of the Report and Recommendation to which objection is made. The Court concurs with and adopts the findings, conclusions, and recommendations of the United States Magistrate Judge and overrules the Objections.

         IT IS HEREBY ORDERED that Judgment be entered denying the Petition and dismissing this action with prejudice as time-barred.

         IT IS FURTHER ORDERED that the Clerk serve copies of this Order, the Report and Recommendation, and the Judgment herein on petitioner and on counsel for respondent.

         LET JUDGMENT BE ENTERED ACCORDINGLY.