Juan Jose Campos v. W.L. Montgomery

Filing 24

ORDER ACCEPTING THE FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE, by Judge Dale S. Fischer 19 . (twdb)

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I HEREBY CERTIFY THAT THIS DOCUMEN1 WAS SERVED BY
FIRST CLASS MAIL POSTAGE PREPAID. TO Att !!till:iM@Et f~-h~
(OR PAHTIESl AT TH£1R RESPECTIVE MOST RECENT ADDRESS Of
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RECORD IN THIS ACTION ON THIS DATE.

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DATED

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DEPUTY CLERK

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F CALIFORNIA

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DEPUTY

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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12 JUAN JOSE CAMPOS,
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Petitioner,
v.
W. L. MONTGOMERY, Warden,

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Case No. CV 14-04713 DSF (AN)
ORDER ACCEPTING THE FINDINGS
AND RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE

Respondent.

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Pursuant to 28 U.S.C. § 636, the Court has reviewed the file, including the

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Magistrate Judge's Report and Recommendation ("R&R") and Petitioner's Objections

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[22]. Further, the Court has completed a de novo review of those portions of the R&R

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to which Petitioner has objected.

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IT IS ORDERED that:

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1.

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The Objections are overruled for the reasons set forth in the R&R, and for

the additional reasons set forth below:
a.

The Court rejects Petitioner's unsupported assertion that the

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relevant statute of limitations does not apply to claims of ineffective assistance of

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counsel. See 28 U.S.C. § 2244(d)(l) ("A 1-year period of limitation shall apply to an

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application for a writ of habeas corpus by a person in custody pursuant to the judgment

1 of a State court.").
b.

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Petitioner's arguments relevant to exhaustion, his request for a stay

3 and abeyance, and his construction ofFederal Rule of Civil Procedure 60(b) are moot
4 because this action is time-barred for the reasons set forth in the R&R.
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2.

The Court accepts the findings and recommendation of the R&R.

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3.

Respondent's Motion to Dismiss the Petition is GRANTED.

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4.

Petitioner's Motion for Stay and Abeyance for Good Cause and Request

8 for Lodgments [16] and Request for Consideration of Writ Petition in Light of Fed.
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Rule 60(b)( 1) for Good Cause [ 17] are DENIED for the reasons reported in the R&R.
5.

Judgment shall be entered dismissing this action with prejudice because

it is time-barred.

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6.

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IT IS FURTHER ORDERED that the clerk of the Court shall serve a copy of this

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All other pending motions are denied as moot and terminated.

Order and the Judgment on all counsel or parties of record.

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17 Dated: Octobe~ 2014
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UNITEDSTATESDISTRICT JUDGE

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