Mills v. Davis

Filing 33

ORDER signed by Senior Judge William B. Shubb on 04/16/19 ADOPTING 31 FINDINGS AND RECOMMENDATIONS in full GRANTING IN PART 26 Motion to Amend the Complaint; Petitioner is entitled to equitable tolling of the statute of limitations for the time period of the partial and temporary government shutdowns, amounting to 56 days; Respondent shall not file an answer until after the statute of limitations, considering the periods of equitable tolling, has expired. (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JEFFERY JOHN MILLS,

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Petitioner,

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No. 2:17-cv-2195 WBS DB
DEATH PENALTY CASE

v.
RONALD DAVIS,

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ORDER

Respondent.

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Petitioner, a condemned state prisoner, has filed an application for a writ of habeas corpus

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

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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On March 18, 2019, 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.
The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:
1. The findings and recommendations filed March 18, 2019 (ECF No. 31) are adopted in

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full;
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2. Petitioner’s motion to amend (ECF No. 26) is granted in part;

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3. Petitioner is entitled to equitable tolling of the statute of limitations for the time period

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of the partial and temporary government shutdowns, amounting to 56 days; and
4. Respondent shall not file an answer until after the statute of limitations, considering the

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periods of equitable tolling, has expired.

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Dated: April 16, 2019

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DLB:9/mills eq toll.jo

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