Bunyard v. Davis

Filing 38

ORDER signed by Senior Judge William B. Shubb on 1/28/16: The findings and recommendations filed January 12, 2016, are adopted in full. Petitioner's motion for equitable tolling 20 is GRANTED IN PART, for a period of sixty-eight (68) days, and the filing date for the petition accordingly is extended to August 31, 2016. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JERRY BUNYARD,

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Petitioner,

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No. 2:15-cv-01790 WBS AC P
DEATH PENALTY CASE

v.
RON DAVIS, Warden,

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ORDER

Respondent.

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Petitioner, a state prisoner with counsel, has filed this application for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate

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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On January 12, 2016, the magistrate judge filed findings and recommendations herein

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which were served on all parties and which contained notice to all parties that any objections to

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the findings and recommendations were to be filed within fourteen days. Neither party has filed

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objections to the findings and recommendations.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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court has conducted a de novo review of this case. Having reviewed the relevant portions of the

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file, the court finds the findings and recommendations to be supported by the record and by

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proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed January 12, 2016, are adopted in full; and

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2. Petitioner’s motion for equitable tolling (ECF No. 20) is GRANTED IN PART, for a

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period of sixty-eight (68) days, and the filing date for the petition accordingly is

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extended to August 31, 2016.

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Dated: January 28, 2016

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/buny1790.801hc

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