(HC) Rowan Brooks v. James Yates, No. 1:2011cv01315 - Document 60 (E.D. Cal. 2016)
Court Description: 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)
Download PDF
<![CDATA[
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROWAN BROOKS, 12 Petitioner, 13 14 v. 17 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. No. 57) ORDER GRANTING EQUITABLE TOLLING AND FINDING FEDERAL PETITION TIMELY FILED 15 16 No. 1:11-cv-01315-LJO-JLT (HC) JAMES YATES, Respondent. ORDER REFERRING MATTER BACK TO MAGISTRATE JUDGE FOR FURTHER PROCEEDINGS 18 19 Petitioner is a state prisoner proceeding in propria persona with a petition for writ of 20 habeas corpus pursuant to 28 U.S.C. § 2254. On September 30, 2016, the Magistrate Judge 21 assigned to the case issued Findings and Recommendation to grant Petitioner equitable tolling up 22 to the point he filed his federal petition thereby rendering the federal petition timely filed. This 23 Findings and Recommendation was served upon all parties and contained notice that any 24 objections were to be filed within twenty-one days from the date of service of that order. On 25 October 18, 2016, Respondent filed objections to the Magistrate Judge’s Findings and 26 Recommendations. (Doc. No. 58). On October 31, 2016, Petitioner filed a response to 27 Respondent’s objections. (Doc. No. 59.) 28 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), the Court has conducted a 1 1 de novo review of the case. Having carefully reviewed the entire file, including Respondent’s 2 objections and Petitioner’s response, the Court concludes that the Magistrate Judge’s Findings 3 and Recommendation is supported by the record and proper analysis. The Court agrees that given 4 the facts of this case, the misconduct of Petitioner’s counsel was so egregious that counsel was no 5 longer acting on behalf of his client and functioning as his agent. Thus, Petitioner should not be 6 bound by his attorney’s actions. The Court will grant equitable tolling until the time he filed his 7 federal petition, thereby rendering the petition timely filed. 8 Accordingly, the Court orders as follows: 9 1. The Findings and Recommendations, filed September 30, 2016, is adopted in full; 10 2. Petitioner is granted equitable tolling up to the point he filed his federal petition; 11 3. The petition for writ of habeas corpus is considered timely filed; and 12 4. The matter is referred back to the Magistrate Judge for further proceedings. 13 14 15 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ November 9, 2016 UNITED STATES CHIEF DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
