Rowan Brooks v. James Yates
Filing
60
ORDER Adopting 57 FINDINGS AND RECOMMENDATIONS; ORDER GRANTING Equitable Tolling and FINDING Federal Petition Timely Filed; ORDER REFERRING Matter back to Magistrate Judge for further Proceedings signed by Chief Judge Lawrence J. O'Neill on 11/9/2016. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ROWAN BROOKS,
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Petitioner,
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v.
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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS (Doc. No. 57)
ORDER GRANTING EQUITABLE
TOLLING AND FINDING FEDERAL
PETITION TIMELY FILED
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No. 1:11-cv-01315-LJO-JLT (HC)
JAMES YATES,
Respondent.
ORDER REFERRING MATTER BACK TO
MAGISTRATE JUDGE FOR FURTHER
PROCEEDINGS
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Petitioner is a state prisoner proceeding in propria persona with a petition for writ of
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habeas corpus pursuant to 28 U.S.C. § 2254. On September 30, 2016, the Magistrate Judge
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assigned to the case issued Findings and Recommendation to grant Petitioner equitable tolling up
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to the point he filed his federal petition thereby rendering the federal petition timely filed. This
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Findings and Recommendation was served upon all parties and contained notice that any
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objections were to be filed within twenty-one days from the date of service of that order. On
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October 18, 2016, Respondent filed objections to the Magistrate Judge’s Findings and
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Recommendations. (Doc. No. 58). On October 31, 2016, Petitioner filed a response to
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Respondent’s objections. (Doc. No. 59.)
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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), the Court has conducted a
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de novo review of the case. Having carefully reviewed the entire file, including Respondent’s
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objections and Petitioner’s response, the Court concludes that the Magistrate Judge’s Findings
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and Recommendation is supported by the record and proper analysis. The Court agrees that given
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the facts of this case, the misconduct of Petitioner’s counsel was so egregious that counsel was no
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longer acting on behalf of his client and functioning as his agent. Thus, Petitioner should not be
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bound by his attorney’s actions. The Court will grant equitable tolling until the time he filed his
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federal petition, thereby rendering the petition timely filed.
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Accordingly, the Court orders as follows:
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1.
The Findings and Recommendations, filed September 30, 2016, is adopted in full;
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2.
Petitioner is granted equitable tolling up to the point he filed his federal petition;
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3.
The petition for writ of habeas corpus is considered timely filed; and
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4.
The matter is referred back to the Magistrate Judge for further proceedings.
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IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill _____
November 9, 2016
UNITED STATES CHIEF DISTRICT JUDGE
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