From Casetext: Smarter Legal Research

Dermesrobian v. Montgomery

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
May 11, 2018
CASE NO. CV 15-7687-FMO (JCG) (C.D. Cal. May. 11, 2018)

Opinion

CASE NO. CV 15-7687-FMO (JCG)

05-11-2018

VAHE DERMESROBIAN, Petitioner, v. W.L. MONTGOMERY, WARDEN, Respondent.


ORDER ACCEPTING REPORT AND ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE, AND DENYING CERTIFICATE OF APPEALABILITY

Pursuant to 28 U.S.C. Section 636, the Court has reviewed the Petition, records on file, and the Report and Recommendation of the United States Magistrate Judge. Further, the Court has engaged in a de novo review of those portions of the Report to which Petitioner has objected. The Court accepts the Report and adopts the findings, conclusions, and recommendations of the Magistrate Judge.

In lieu of objections, on December 30, 2016, Petitioner filed a request to stay the Petition while he returned to state court to exhaust additional, unspecified, claims. (Doc. No. 12.) The stay request is denied because any new claims would clearly be untimely. Petitioner's conviction became final on January 13, 2015, 90 days after the California Supreme Court denied his petition for review on October 15, 2014. See Patterson v. Stewart, 251 F.3d 1243, 1246 (9th Cir. 2001). Petitioner's filing of the instant Petition on September 30, 2015 did not toll the statute of limitations, see Duncan v. Walker, 533 U.S. 167, 181-82 (2001), which, therefore, expired on January 13, 2016.
Further, a review of the state appellate website, at appellatecases.courtinfo.ca.gov, reveals that Petitioner has not filed a petition in state court since filing his request for a stay.

Further, for the reasons stated in the Report and Recommendation, the Court finds that Petitioner has not made a substantial showing of the denial of a constitutional right and, therefore, a certificate of appealability is denied. See 28 U.S.C. § 2253(c)(2); Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003). DATED: May 11, 2018

/s/_________

FERNANDO M. OLGUIN

UNITED STATES DISTRICT JUDGE


Summaries of

Dermesrobian v. Montgomery

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
May 11, 2018
CASE NO. CV 15-7687-FMO (JCG) (C.D. Cal. May. 11, 2018)
Case details for

Dermesrobian v. Montgomery

Case Details

Full title:VAHE DERMESROBIAN, Petitioner, v. W.L. MONTGOMERY, WARDEN, Respondent.

Court:UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Date published: May 11, 2018

Citations

CASE NO. CV 15-7687-FMO (JCG) (C.D. Cal. May. 11, 2018)