Opinion
Case No. CV 15-8018 DOC (JC)
10-11-2016
ANDRES BROWN, Petitioner, v. E. VALENZUELA, Warden, Respondent.
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE 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 ("Petition") and accompanying documents, petitioner's Motion to Allow Petitioner to Proceed with Federal Cognizable Claims at the Exception of the One Year Deadline Under AEDPA ("Motion"), the parties' submissions regarding the statute of limitations, including petitioner's request for an evidentiary hearing, and all of the records herein, including the attached Report and Recommendation of United States Magistrate Judge ("Report and Recommendation") and matters judicially noticed which are referenced therein. The Court approves and accepts the Report and Recommendation.
IT IS HEREBY ORDERED that the Motion, the request for an evidentiary hearing and the Petition are denied and this action is dismissed 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 counsel for respondent.
LET JUDGMENT BE ENTERED ACCORDINGLY.
DATED: O ctob e r 11, 2016
/s/_________
HONORABLE DAVID O. CARTER
UNITED STATES DISTRICT JUDGE