James Arthur Edwards v. Jeffrey Beard

Filing 59

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Virginia A. Phillips for Report and Recommendation (Issued) 54 , NOTICE OF MOTION AND MOTION to Dismiss The First Amended Petition for Writ of Habeas Corpus as Untimely 39 . the Court accepts the findings and recommendations set forth in the Report. Accordingly, IT IS ORDERED that: (1) the Motion is GRANTED; (2) the Petition is DENIED; and (3) Judgment shall be entered dismissing this action with prejudice. (rh)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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JAMES ARTHUR EDWARDS,

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Petitioner,
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v.
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JEFFREY BEARD,
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Respondent.
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NO. EDCV 14-848-VAP (KS)
ORDER ACCEPTING FINDINGS AND
RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE

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Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended Petition for

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Writ of Habeas Corpus (“Petition”), all of the records herein including the Motion to Dismiss

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(“Motion”) and related briefing, the Report and Recommendation of United States Magistrate

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Judge (“Report”), and Petitioner’s Objections to the Magistrate Judge’s Report and

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Recommendation (“Objections”). Pursuant to 28 U.S.C. § 636(b)(1)(C) and Fed. R. Civ. P.

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72(b), the Court has conducted a de novo review of those portions of the Report to which

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objections have been stated.

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Petitioner makes new arguments concerning his entitlement to equitable tolling in his

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Objections. A district court has discretion, but is not required, to consider evidence or

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arguments presented for the first time in objections to a report and recommendation. See

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Brown v. Roe, 279 F.3d 742, 744-45 (9th Cir. 2002); United States v. Howell, 231 F.3d 615,

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621-22 (9th Cir. 2000). The Court has exercised its discretion to consider Petitioner’s new

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assertions and evidence but concludes that they do not alter the analysis and conclusions set

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forth in the Report.

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Having completed its review, the Court accepts the findings and recommendations set

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forth in the Report. Accordingly, IT IS ORDERED that: (1) the Motion is GRANTED; (2)

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the Petition is DENIED; and (3) Judgment shall be entered dismissing this action with

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prejudice.

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DATED: March 30, 2017

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VIRGINIA A. PHILLIPS
CHIEF UNITED STATES DISTRICT JUDGE