James Arthur Edwards v. Jeffrey Beard, No. 5:2014cv00848 - Document 59 (C.D. Cal. 2017)
Court Description: 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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James Arthur Edwards v. Jeffrey Beard Doc. 59 1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 JAMES ARTHUR EDWARDS, ) ) Petitioner, ) v. ) ) ) JEFFREY BEARD, ) Respondent. ) _________________________________ ) NO. EDCV 14-848-VAP (KS) ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 17 18 Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended Petition for 19 Writ of Habeas Corpus (“Petition”), all of the records herein including the Motion to Dismiss 20 (“Motion”) and related briefing, the Report and Recommendation of United States Magistrate 21 Judge (“Report”), and Petitioner’s Objections to the Magistrate Judge’s Report and 22 Recommendation (“Objections”). Pursuant to 28 U.S.C. § 636(b)(1)(C) and Fed. R. Civ. P. 23 72(b), the Court has conducted a de novo review of those portions of the Report to which 24 objections have been stated. 25 26 Petitioner makes new arguments concerning his entitlement to equitable tolling in his 27 Objections. A district court has discretion, but is not required, to consider evidence or 28 arguments presented for the first time in objections to a report and recommendation. See Dockets.Justia.com 1 Brown v. Roe, 279 F.3d 742, 744-45 (9th Cir. 2002); United States v. Howell, 231 F.3d 615, 2 621-22 (9th Cir. 2000). The Court has exercised its discretion to consider Petitioner’s new 3 assertions and evidence but concludes that they do not alter the analysis and conclusions set 4 forth in the Report. 5 6 Having completed its review, the Court accepts the findings and recommendations set 7 forth in the Report. Accordingly, IT IS ORDERED that: (1) the Motion is GRANTED; (2) 8 the Petition is DENIED; and (3) Judgment shall be entered dismissing this action with 9 prejudice. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: March 30, 2017 ______________________________________ VIRGINIA A. PHILLIPS CHIEF UNITED STATES DISTRICT JUDGE
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