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Brown v. Valenzuela

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
Oct 11, 2016
Case No. CV 15-8018 DOC (JC) (C.D. Cal. Oct. 11, 2016)

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


Summaries of

Brown v. Valenzuela

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
Oct 11, 2016
Case No. CV 15-8018 DOC (JC) (C.D. Cal. Oct. 11, 2016)
Case details for

Brown v. Valenzuela

Case Details

Full title:ANDRES BROWN, Petitioner, v. E. VALENZUELA, Warden, Respondent.

Court:UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Date published: Oct 11, 2016

Citations

Case No. CV 15-8018 DOC (JC) (C.D. Cal. Oct. 11, 2016)